Politics USA 1

What is the US constituiton

The US Constitution is the supreme law of the United States, outlining the structure of government, the rights of citizens, and the principles of democracy. Ratified in 1788, it serves as the foundation for American law and governance.

What are the main features of the US Constituiton

Codified- Written in one main document

Entrentched - Diffiicult to change

Federal- Divides power between national and state governments.

Supreme- It is the highest authority in the legal system.

Why is the US Constituiton important

Limits government power , Protects indvidual rights and prevents one branch of government becomign too powerful

In United States V Nixon (1974) , The Supreme court ordered President Nixon to release the Watergate tapes, Showing that presidents are not above the law this was evident asthe Constitution establishes checks and balances that apply to all branches of government.

What is the Bill of Rights?

The Bill of Rights is the first ten amendments to the US Constitution, added to protect individual liberties and limit government power. Ratified in 1791, it includes rights such as freedom of speech, religion, and the right to bear arms.

What is Constituitonal Supremacy?

Constitutional supremacy is the principle that the Constitution is the highest law in the United States, meaning all laws and government actions must conform to it. This ensures that no law or government entity can override the Constitution.

What is the Seperation of Powers?

Government Power is divided between three branches to stop any one branch becoming too powerful

Legislative (Congress)- Makes laws

Executive (President)- Carries out laws

Judicial (Supreme courts)- Interprets laws

Articles 1 , 2 , 3 This division prevents tyranny, ensuring each branch functions independently while providing checks on each other's powers.

What are Checks and Balances?

Checks and balances is a system that ensures that no single branch of government becomes too powerful by providing each branch with mechanisms to limit the powers of the others. This system promotes accountability and prevents any abuse of power.

Congress can override a presidential veto with a two-thirds majority in both chambers

How Can Congress check the President?

-Override presidential vetoes

-Impeach and potentially remove a president

-Reject appointments through the senate

-Control deferal spending

Example: Donald trump was impeached twice by the House of Representatives, showing Congress's ability to check the President's power.

How can the President check Congress?

The President can check Congress by vetoing legislation passed by Congress, which prevents it from becoming law unless overridden.

Example:

-Obama vetoed the Keystone XL pipeline Approval Act in 2015

How can the Supreme Court check the other branches?

Through Judicial Review , it can declare laws and executive actions Unconstitutonal

Exam evidence

-United States v Nixon Limited President Nixons Claim of executive privilege

How can President and Congress Check the Supreme court?

The President nominates federal judges, while the Senate can approve or reject them. Congress can also propose constitutional amendments to overturn constitutional rulings.

Exam evidence: In 2016, the Senate did not hold a confirmation hearing for Obama's Supreme Court nominee Merrick Garland.

This demonstrates the power of Congress in influencing the composition of the Supreme Court and its decisions.

Are Checks and Balances always effective?

Not always. They can prevent abuse of power , but political disagreements can cause gridlock, making it difficult to pass laws

Evidence: The Federal government experienced a 35 day shutdown in 2018 following disagreements over disagreements

What are the Three branches of the US Government?

Congress - Makes laws

President- Enforces

Supreme court - Interprets laws and the constituiton

What is Congress made up of?

Congress has two chambers

House of Representatives- 435 voting members , Elected very 2 years

Senate- 100 senators, serving 6 year terms

Evidence: Each of the 50 States has 2 Senators

What powers does the Constituiton give the President?

The Constitution grants the President powers such as enforcing laws, vetoing legislation, conducting foreign policy, and acting as commander-in-chief of the armed forces.

Evidence:Article 2 establishes presidential powers

What is the Role of the Supreme Court?

it is the Highest US court and is responsible for interpreting the Constitution and reviewing laws to ensure they are in accordance with it.

Evidence: Brown v Board of Education ruled racial segregation in public schools unconstituitonal

Federalism

Federalism is a system where power is shared between the national government and individual state governments

The USA has 50 states , each with its own government and laws

What is the difference between federal and state powers?

Federal powers - National defence, immigration and declaring war

State Powers- Education , local policing and many election rules

Shared powers- Taxation and creating courts

What are the advantages of Federalism?

States can make laws suited to local needs

Power is not concentrated in one government

States can test different policies

Evidence:Washington legalised recreational cannabis through state votes in 2012, Despite federal restrictions

What are the Disavantages of federalism?

Rights and services can differ between states making it hard to keep up

Federal and state government may disagree

Unequal treatment based on where you live

Following Dobbs v Jackson (2022), states gained greater freedom to set different abortion laws.

What is the Supremacy Clause?

If a state law and a national (federal) law disagree, the national law wins, as long as it follows the Constitution.

It establishes the hierarchy of laws in the United States, ensuring that federal laws take precedence over state laws when conflicts arise.

Exam evidence: Article VI contains the Supremacy Clause. In McCulloch v Maryland (1819), the Supreme Court ruled that Maryland could not tax the national bank

What is the difference between dual and cooperative federalism?

Federal Meaning- US Government that controls the country

Dual federalism- Federal and state governments have largely seperate responsibilities

Cooperative Federalism- Both levels of government work together on Policies

Evidence:Medicaid, created in 1965, is funded jointly by federal and state governments.

How can the Federal Government influence state governments?

By offering funding , making national laws within its constituitonal powers and using federal courts to enforce constituitonal requirments such as mandates and conditional grants, thereby incentivizing states to comply with federal policies.

However, This can be abused as The US president can cut things like funding if a State doesnt wanna help enforce a Constituitonal requirments leading to them being pressureed to always agree with the President

One example of this is The Trump administration's threat to withhold funding from sanctuary cities.

How can the US Constituiton be amended?

Two Thirds approval in both houses of Congress is required , US senate and House of Representatives

Ratification by ¾ of States so 38 out of 50 needed aswell alongside the 1st step

Both needed to successfully amend the Constitution, ensuring a supermajority agreement at both federal and state levels.

Why is the US Constituiton difficult to amend?

It requires very large majorities in Congress and across the states , making agreement difficult

Around 12,000 Amendment measures were proposed between 1789 and 2025 but only 27 amendments went through

What are the advantages of a difficult amendment process?

It protects the Constitution from frequent changes, ensuring stability and continuity. This process encourages consensus and broad agreement, reflecting the views of a supermajority across both federal and state levels.

What are examples of successful Constituitonal amendments

13th Amendment - Abolished slavery

19th Amendment - Women suffrage

26th- Lowered voting age to 18 ( Happened in just 3 months showing how wanted it was)

Is the Constituton still effective today?

It provides stability , limits government power and protects basic freedoms

Exam evidence: United States v Nixon demonstrated that Constiutonal limits also apply to presidents and they cant abuse that

Why do some people argue that the Constiution is Outdated?

Critics argue that the Constitution is outdated because it was written over 230 years ago (18th Century) and may not address modern issues such as digital privacy, healthcare, and social equality. They believe it can hinder progress by failing to adapt to contemporary societal needs.

What is the Difference between strict and Loose constiutional interpretation?

Strict Interpretation means judges stick closely to the constituitons wording or original meaning

Loose Interpretation - Judges interpret its broad principles to apply to modern Circumstances and allow for more flexibility in judicial decision-making.

What is the difference between Civil liberties and Civil rights?

Civil liberties- Freedoms protected from government interference , such as freedom of speech

Civil rights- Protections against discrimination and unequal treatment

The 1st Amendment protects freedom of speech,

while the 14th Amendment guarantees equal protection of the laws.

What rights does the First Amendment protect?

Freedom of speech, religion , the press , peaceful assembly and petitioning the government

What does Second Amendment protect?

The right to keep and bear arms.

District of Columbia v Heller (2008) recognised an individual constitutional right to possess a firearm for lawful purposes such as self-defence in the home.

What does the Fourth Amendment protect?

People against unreasonable government searches and seizures.

Exam evidence: Carpenter v United States (2018) generally required police to obtain a warrant for historical mobile phone location records.

What rights do the Fifth and Sixth Amendments protect?

• Fifth – protects against self-incrimination and guarantees due process.

• Sixth – guarantees rights such as legal assistance and a speedy, public criminal trial.

What does the Eighth Amendment protect?

Against excessive bail, excessive fines and cruel and unusual punishments.

Timbs v Indiana (2019) confirmed that the protection against excessive fines also applies to state governments.

Why is the Fourteenth Amendment important?

It guarantees due process and equal protection under the law, helping protect people against unfair treatment by state governments.

Brown v Board of Education (1954) used the Equal Protection Clause to rule that racial segregation in public schools was unconstitutional.

How has the Supreme Court expanded civil rights?

By interpreting constitutional protections to recognise rights and prevent discrimination.

Obergefell v Hodges (2015) required all states to recognise and allow same-sex marriage.

How has the Supreme Court reduced constitutional protections?

The Court can overturn previous rulings, changing which rights receive constitutional protection.

Exam evidence: Dobbs v Jackson (2022) overturned Roe v Wade (1973), ending the federal constitutional right to abortion recognised under Roe

Good evidence to remember and learn these cases

Evidence	What it helps you argue
27 amendments since 1789	Constitution is entrenched
US v Nixon (1974)	Checks and balances work
Trump impeached twice	Congress can check the President
McCulloch (1819)	Federal power takes priority
Brown (1954)	Supreme Court protects rights
Obergefell (2015)	Constitution can adapt to society
Dobbs (2022)	Rights can change through rulings
Trump v US (2024)	Debate over presidential power