US Constitution and federalism

how old is the Constitution, how many words?

237 years old, over 7000 words

when was the Constitution made, when was it ratified?

written in 1787, ratified in 1788

Limtied government
-what is the origin of the constitutional principle of limited government?

-founding fathers were unwilling to create a parliamentery style government with unlimited power.

-they feared government could challenge the auhorityo f the states. they therefore introduced seperation of powers, and checks and balances.

Limited government
-why were the founding fathers concerned for individual rights?

-concerened that individual freedoms would be challanged by a powerful government. some argued for a bill of rights as a way to ensure that government could not remove rights of the people.

Seperation of powers
-how does the Constitution divide the government?

-us federal government is divided into Congress (legislature,) the president (the executive) and the supreme court (judiciary)

Article 1 also firbids any one person from holding office in more than one branch at any time (the ineglibility clause)

checks and balances
what did one of the founding fathers say about checks and balances?

“ambition must be made to counteract ambition”

-james Madison

checks and balances

what is checks and balances?

each branch should be given the power to oversee the actions of other branches and in even, in some cases, prevent the other branch from acting.

-it ensured that each branch had the power to oversee the other two.

Federalism

what Is federalism?

federalism is a system of shared sovereignty. the federal government would have authority over some aspects of political life while states remain sovereign over others. this would ensure that the states rights and individual cultures / beliefs were not ignored.

Codification
what does it mean that the Constitution is codified?

-it is all written in one document. over 7000 words of the Constitution and its amendments have been interpereted an amended, but the original document remains sovereign.

Codficiation

what does it mean that the Constitution is judiciable?

-judges must inerpret actions and laws againsth the Constitution and judge whether or not they are constitutional.

entrenchment
what does it mean that the Constitution was entrenched?

the document is protected by law and has a special procedure to amend.

the Constitution protects itself through Article V, which outlines the amendment process. this ensured that the Constitution would be changed in response to any need, but would not be so flexible that it would change frequently.

there has been only 27 amendments, 10 of which were passed together in 1791, as the bill of rights.

what are enumerated powers? what is an example?

-powers that are written down in the constitution, and outlines specifically the power.

-the constitution outlines in Article Ii that ‘the president shall be commander in chief of the army and navy of the United States”

this is therefore an enumerated power. other powers are the veto, the pardon, making treaties and appointing ambassadors and judges.

what are implied powers? what is an example?

powers that are interpreted from those laid out in the constitution.

following a memorandum from the justice department in 1947, the president was accepted as commander in chief of the untied states airforce.

-other implied powers are to form a cabinet, sign executive orders, executive agreements nad executive prilege.

Bipartisanship

what is bipartisanship?

the founding fathers were sceptical about the role of parties, and wanted to ensure that the Constitution would require compromise. there is therefore no provision for the two party system in the constitution. different elections and appointments for each branch made it difficult for one faction to control all the branches at one time, giving some way to ensuring compromise.

The amendment process
why did the founding fathers include an amendment rprocess, and why did they make it hard?

to ensure that the Constitution did not become outdated.
two stage process required a supermajority in both stages to ensure that the process would guard the rights of the people.

The amendment process
what is the amendment process?

amendmnet passes the house and the Senate with 2/3rds vote, and is then ratified by 3/4rs of the state legislatures. No amendment has so far been proposed by national constitutional convention.

The amendment process
how many amendments have been proposed, and how many have been processed successfully?

around 12,000 prposed, only 27 were successfull.

6 further amendments made it through the first stage.

The amendment process
what is an example of a proposed amendment?

between 1999 and 2018, a balanced budget amnedment was proposed 134 times, 18 of them were proposed to the 115th congress between 2017 and 2019.

Disadvantages of the amendment proccess

what is a disadvantage in terms of changes in modern society?

there are changes in modern society which are not reflectedi n the constitution due to the hard amendment proccess:

the equal rights amendment would have recognised the rights of both men and women, however it only manaaged to get the support of a 38th state in 2020, almost 50 years after teh amendment had been sent for state ratification. it didnt pass as the deadline for approving it had passed.

Disadvantages of the amendment proccess

what is a disadvantage in terms of outdated aspects of hte constitution?

The us has changed ramatically since the constitution was ratified. While some cultural changes have led to amendments (like the senate becoming elected rather than appointed,) various aspects are still outdated.

Former supreme court justice stevens identified 6 areas of the constitution he felt needed amending, including the 2nd amendment.

-the electoral college has 5 times returned a different winner to the popular vote.

Disadvantages of the amendment proccess

what is a disadvantage of teh amendment procces considering minority interests?

-need for supermajorities means rights of the minority could be ignored

-struggle for voting rights continues for exapmle, with 19 states passing resttrictions on voting rightsi n 2021.

-defence of marriage act 1996 defined marriage federally as between a man and one woman, while SCOTUS has since invalidated this, the chances of an amendment protecting gay rights is slim.

Disadvantages of the amendment proccess

what is an issue with the amendment process in terms of the power given to the supreme court?

-supreme court has a vast power to alter the constitution, and is unelected and unaccountable to the people.

-due to difficulties of amendments, supreme court has hardly any checks on its power.

-in 2021, the court ruled to uphold obamacare, protect free speech of students, and upheld changes to voting legislation in arizona.

Dobbs v. Jackson [2022] overturned Roe v. Wade [1973]

Disadvantages of the amendment proccess

how can the amendment proccess create tryanny of hte minority?

-need for supermajorities allows a small number of states, or congress people to block an amendment.

the 15 states which did not ratify the equal rights amendment only accounted for 28% of the population at the time.

advantages of teh amendment proccess
what is an advantage in terms of broad support?

-broad support is needed to pass an amendment. this is crucial in such as vast and diverse country.

-while there has been a poltiical push for gun control, a 2018 yougov poll shows that only 1 in 5 americans wanted to scrap the 2nd amendment.

advantages of teh amendment proccess
what is a advantage of hte constitution in terms of trends? what is a counter?

-amendment process stops short lived trends from becoming amendments. this is especially important in a time of increased partisan polarisation.

-counter: the 18th amendment passsed in 1920 on the basis of the prohibition trend, and was repealed 13 years later in the 21st amendment.

-

advantages of the amendment proccess
what is an advantage in terms of protecting constitutional principles?

-the challenging amendment process protects the key principles of constitutional democracy.

-the amendment process should require bipartisanship through supermajorities.

advantages of the amendment proccess
what is an advantage in terms of tryanny of large states?

-the amendment process ensures that each state has a democratic recogntion.

-the most populous 5 states account for over 37% of hte population. the amendment process ensures these states cannot amend the constitution to suit themselves.

advantages of the amendment proccess
how does the amendment proccess prevent tryanny of single parties?

like protecting small states, by requiring supermajorities at the proposal level, a single party is prevented from dominating the amendment process and forcing through amendments.

-example: the balanced budget amendment was largely supported by republicans, and was not able to pass as democrats objected.

advantages of the amendment proccess
what is an advantage in terms of few changes?

-the fact that there are only 27 amendments can be seen as an advantage, as it means most of the day to day governance is left to elected governments.

-also means that the principles of the constitution remain clear to US citizens.

Checks by congress on president
what is a check in terms of legislation?

-congress can create, amend, delay and reject legislation. they do not have to impliment the presidents agenda.

-during trumps first presidenc between 2017 and 2021, congress continually refused to fund his border wall, despite his campaign pledges.

Checks by congress on president
what is the veto overide ?
-what are examples in terms of obama and trump ?

Congress can override the presidents veto with a 2/3rds majority in both houses, forcing the bill into law. supermajority makes this difficult to acheive.

Obama’s final veto of the Justice against Sponsors of Terrorism Act 2016 suffered an overwhelming bipartisan defeat, with only 1 senator voting against the override.

Trumps veto on the national defence authorisation act in December 2020 was overriden by over 80 senators.

Checks by congress on president
what is the power of the purse check?

Congress has the right to raise taxes and spend money on the national government (power of the purse)

-the ‘appropriations clause’ of Article I enforces this, and also states that these bills must originate from the House of Reps.

-the Consolidated Appropriations Act 2022 was a 1.5 trillion dollar package, including 13.6 billion dollars age to ukraine.

Checks by congress on president
what is the decleratino of war check?

-while the president is Commander in cheif, Congress is the only branch that can declare war. It has only used this power 11 times, last time being in ww2.

-Since then, Congress has been asked to authorise military action through AUMF’s. The AUMF that followed 9/11 was used by every subsequent president to justify actions in 14 countries, and was only repealed in 2021. .

Checks by congress on president
what is the impeachment check?

-Congress can impeach the president or other members of the executive branch for “conviction of treason, bribery, or other high crimes and misdeameanors.”

-a simple majority vote is needed in the house to bring charges, but a 2/3rds vote needed in teh senate to remove the official. only 3 presidents have been through this entire process, and all 3 where not removed.

Andrew Jackson 1868, Bill Clinton 1997, Donald Trump 2019/2021.

Checks by congress on president
what is the ratification of treaties check?
what are examples in terms of START and the united nations?

Treaties negotiated by the presidet need a 2/3rds vote in the senate to be approved.

-the 2010 START treaty was ratified by the senate, while in 2012, Republican led opposistion led the senate to reject a United Nations Disability Rights treaty.

Checks by congress on president
what is the ratification of appoinments check?

over 1200 executive posts require senate approval via a simple majority vote.

in 2024, Donald Trumps pick for attorney general Matt Gaetz dropped out of nomination, as his allegations of sexual assault and trafficking made it clear he would be rejected by the senate.

Checks by congress on the supreme court
what is the impeach justices check?

-what is an example in terms of the supreme court, and also lower courts?

Congress can impeach Supreme Court justices.

-however this has only happened once, with Samuel Chase being found not guilty in 1805.

-in lower federal courts, 15 judges have been impeached, and 8 found guilty. Thomas porteous was found guilty of bribery and making false statements in 2010.

Checks by congress on the supreme court
what is the propose constitutional amendment check?

-Congress can overturn supreme court rulings by amending the constitution which the court uses to make its judgement.

-in 1913, the 16th amendment was ratiifed,allowing federal income tax to be levied, after the supreme court denied this in Pollock v. Farmers Loan & Trust Co. [1895]

Checks by congress on the supreme court
What is the creation of lower courts check?
what is judicial stripping?

-Congress has the power to create lower courts.

-at its extreme, this is called “judicial stripping” as congress can regulate what cases the supreme court is allowed to hear.

-the military commissions act 2006 tried to remove the courts power to hear cases from Guanatanomo Bay detainees. (this was ruled unconstitutional in boumediene v. Bush [2008])

Checks by congress on the supreme court
what is the ratify judicial appoinments check?

-as presidential nominations to SCOTUS impact the ideology of the court, senate ratifications of appointments is an important power.

-When Conservative supreme court justice Antoin Scalia died in Febuary 2016, the senate did not ratify Obama’s appointment Merrick Garlandk or even allow him to have hearings in the Senate Judiciary Committee.

Trump was able to nominate Neil Gorsuch following his electoral victory, which was ratified by the senate.

Checks by President on congress
how can the president suggest legislation?

-the US president is directly elected, and has a strong mandate. the president therefore has a state of the union address to suggest legislation.

-Biden fought for his 3 part Build Back Better plan throughout his first year in office.

Checks by president on congress
what is the sign/veto check?

-president can choose to sign or veto legislation that is sent to them from congress. it either becomes law or is returened to congress to be amended, overridden or fail.

both bush and obama used the veto 12 times. Trump used it 10 times. threat of a veto alone can be enough to prevent congress passing a bill to the president or make them amend it.

75% of veto threats from obama and bush led to the legislation being amended.

checks by presidnet on congress
what is the commander in chief check?

Article II section 2 gives president the power of commander in cheif.

-While Obama sought approval from congress for action in Syria, he stated that he has “the authority to carry out this military action without specific congressional authorization”

-in January 2020 Trump ordered an air strike on Baghdad, killing General Qusem Solimani.

Checks by president on judiciary
what is the power of pardon?

-the president has the constitutioanl right to grant reprieves and pardons.this is a controversial pwoer with limited checks.

-Trump pardoned 80 people and commuted the sentences of 73, including Steve Bannon, one of his key advisors.

-In 2024, Joe Biden controversially pardoned his son, Hunter Biden.

Checks by president on judiciary
what is the nomination of judicial appointments check?

the president can shape the court via nominations.

-Trumps replacement for the liberal Ruth Bader Ginsburg was the conservative Amy Coney Barret, creating a substantial conservative majority in the court.

checks by the supreme court
what is judicial review?

-the court can rule whether actions of congress/president are constitutional. if not, the actions become void.

-Boumediene v. Bush 2008 checked both the president and congress at once, ruling the Military Commissions Act unconstitutional, and allowing Detainees at Guatanamo bay to appeal their detention.

What is an example of limited government working today?

Dobbs v. Jackson [2022] allows states to independently regulate on abortion.

what is an example of limited government failing today?

-Trump v. United States 2024. Supreme court ruled that the president has absoulute immunity over execution of ‘official acts’

what is an example of seperation of powers working today?

In January 2025, Vice President JD vance resigned from his Senate seat in preperation to take office in the executive.

what is an example of seperation of powers not working today?

-The Paris agreement on climate change was never put before the senate, despite Obama putting the US in the agreement, Trump pulling out, Biden putting the US back in and Trump pulling back out again.

what is an example of checks and abalcnes working today?

Biden tried to pass his build back better agenda, which contained the American rescue plan, the American jobs plan and the American families plan.

-biden had to allow comprimise with congress to allow onyl certain aspects of the plan to be passed.

what is an example of checks and balances failing today?

-in Bidens first 100 days in office, he issued 64 executive orders, 24 of which directly reversed trumps orders, including expanding refugee admissions to the US.

what is an example of federalism working today?

-in 2021, 19 states passed laws to restrict voting rights while 25 passed laws to expand voting rights.

this power to regulate voting is based on article I of the us constitution.

what is an example of federalism failing today?

Supreme court rulings are binding on all states.

Obergefell v. Hodges 2015 legalised same sex marriage in all states, including the 13 states in which it was illegal before the ruling.

what is a factor which influences the effectiveness of constitutional principles in terms of the federal government?

-since the 1960’s, divided governments have increased due to partisanship.

however, during times of unified government, congress and teh president are more likely to work together, limiting the principles of limited government.

what is a factor which influences the effectiveness of constitutional principles in terms of elections?

congressional elections happen every 2 years, with the house of reps and 1/3rd of the senate up for grabs.

-congressional representatitves are therefore always mindful of their constituents and the presidents popularity.

what is a factor which influences the effectiveness of constitutional principles in terms of the national circumstance?

-in times of crisis, congress is less likely to challenge the president.

-seen following 9/11 in 2001, hurricane katrina in 2005, and the russian invasion of ukraine in 2022.

Federalism
how did state power develop under george W. bush? 2001-2009 give 2 ways.

Gonzales v. Oregon [2006] allowed state sponsored euthanasia, in defiance of US attorney general alberto gonzales.

-Medicaid waiver given to Massachusetts allowed Governer Romney to introduced health insurance programs.

Federalism
how did federal power develop under George W. Bush? 2001-2009 give 3 examples.

USA PATRIOT ACT 2001 exapended rights of government to detain people and collect information

new department of homeland security

No Child Left Behind Act 2002 allowed for uniform school testing.

Federalism
how did state power develop under obama 2009-2017 give 3 examples.

-Patient Protection and Affordable Care Act 2016 allowed medical insurance ran by states themselves.

-Texas v. United States [2016] saw supreme court strike down Obama’s DAPA executive order due to the cost to states.

-the ‘cole memo’ - the justidce department states it would not enforce federal restrictions on marjuana where states had legalised it, except in certain circumstances.

Federalism
how did federal power develop under Obama 2009-2017 2 examples.

-Arizona v. United States idecreased Arizonas ability to enforce immigration laws.

-Obergefell v. Hodges 2015 legalised same sex marriagen ationally.
-

Federalism
how did state power develop under donald trumps first term? 2017-2021

Carpenter v. United States (2018) Supreme court found that the federal government must have a warrant for citizens cell phone location records

Executive order minimising the economic burden of the PPACA, reversing obamacare and giving states more control.

Federalism
how did federal power develop under donald trumps first term 2017-2021 give 2 examples.

-Trumps attorney general rescinded the cole memo

-executive order stripping federal grants from ‘sanctuary cities’ (leader found to be unconstitutioanl)

Federalism
how did state power develop under Joe Biden 2021-2025? 2 examples.

-abortion and heartbeat bills, large number of states placed greater restrictions on abortion.

-during the covid 19 pandemic each state had its own response includign different vaccnie laws, mask laws and lockdowns.

Federalism
how did federal power develop under joe biden 2021-2025? 2 examples.

-Build Back Better Plan engaged in vast spending to recover from covid 19 in infratructure and social security.

National covid 19 response, including attempt to pass the vaccine mandate.

state sovereignty
how do states keep sovereignty in terms of citizens rights?

-despite those in the constitution, the rights of citizens vary widely between states.

-in alaska, citizens can get a learners permit for driving at 14, while in Massachussets drivers must be 16.

-regulation over gun control, abortion and marijuana vary hugely.

state sovereignty
how do states keep sovereignty in terms of criminal punishment?

27 states allow the death penalty, and between them they use 5 different methods of execution.

-in virginia, iowa and kentucky, prisoner voting is restricted upon release.

state sovereignty
how do states keep sovereingty in terms of electoral regulation?

-article I allows states to run and regulate their own elections.

-in 2018, citizens could vote using a paper ballot, electronic ballot with a paper trail, mail in ballot or electornic voting.

-state governments can set district boundaries, leading to gerrymandering.

State sovereignty is challenged
how is it challenged in terms of citizens rights?

-certain rights are regulated by the federal government.

-drinking age federally at 21

-Obergefell v. Hodges 2015

Arizona v. United States

State sovereignty is challenged
how is state sovereingty challenged in terms of criminal punishment?

-supreme court has put restrictions on use of the death penalty, while still upholding it generally.

Kennedy v. Louisina (2008) and Penetti v quarterman (2007) limit the use of the death penalty.

State sovereignty is challenged
how is it challenged in terms of electoral regulatino?

-various federal laws have extended voting rights nationally, along with regulating campaign finance.

-in 2021, Biden pushed congress to pass the John Lewis Voting Rights Act to protect the right to vote nationally.

ways the constitution upholds democracy
how does the constitution uphold liberal democracy? 3 arguments.

bill of rights upholds individual rights, Snyder v. Phelps (2011) allowed the right to free speech of the controversial westboro baptist chruch

the power of SCOTUS allows protection of rights

-checks and balances ensures limited government as presidents fail to pass goals.

ways the constitution upholds democracy
how does the constitution uphold representative democracy? give 5 arguments.

-all appropriatoins bills originate in the house, which is responsive to a 2 year election cycle.

-the house ensures proportional reprentation to larger states.

-amendments have increased number of eligble voters

-senate is now elected

-amendments must be approved by 3/4s of states.

ways the constitution undermines democracy

how does the constitution undermine liberal democracy? give 3 edxamples.

-checks and balances can limit government to such an extent that it ceases to be effective. 21 government shutdowns since 1974.

-electoral college undermines “free and fair” pinricple as Bush and Trump both one without the popular vote.

Nott all rights ahve been effectively protected.

ways the constitution undermines democracy
how has the constitution undermined represetnative democracy? 3 arguments.

-supreme court weilds vast power to intepret constitution, it is unrepresentatitve and unelected.

-senate over represents smaller states.

-requirement for supermajorities allows tyranny of the minority.