US constitution

US constitution written

1787

US constitution written by

framers who were representatives of 12 of the 13 origninal states

codified meaning

written down in all one document

how many words is the US constitution now

over 7500

three main aims of the US constitution

prevent tyrannical rule

preserve states’ identities

protect individual rights

why did the constitution aim to prevent tyrannical rule

Because the British government had treated the US states like resources and imposed taxes on them without letting them have any political representation, so the framers main concern was to make sure this didn’t happen again

why did the constitution aim to preserve states’ identities

because they had been governed separately by the British government so had developed distinct social and political identities and wanted to maintain a level of autonomy over their own affairs for this reason

why did the constitution aim to protect individual rights

Many of the framers had classical liberal views so believed that every human had natural rights, however they didn’t do this in reality as these rights were only guaranteed to white men in the original constitution

4 key principles of US constitution

• federalism

• limited government

• bipartisanship

• separation of powers

federalism

principle that political power is shared between a central government and regional governments

limited government

comes from the classical liberal ideas of Locke, is the belief that the government should exist to uphold the rule of law and citizens rights and not have wide ranging powers that interfere with individual freedoms

separation of powers

principle that three branches of government are physically separate with different roles and no single person can have a role in more than one branch at once. Also, as they are separate, they should be able to provide effective checks and balances on each other to prevent tyrannical rule

Bipartisanship

principle that people’s representatives should work together to achieve constructive compromises rather than working against each other and preventing legislative process

what did framers not expect

the formation of political parties

Enumerated powers

Powers clearly provided to a specific person or branch of the federal government

example of an enumerated power

article 1 section 7 gives the president the power of veto

implied powers

powers suggested by the constitution or amendments

implied powers example

article II appoints the president as commander in chief of the army and navy but doesn’t explicitly say that this allows them to order military action

US constitution can be described in three words as

Codified, entrenched and sovereign

where in constitution is the strict amendments process outlined

Article V

Entrenched meaning

has to be changed via a strict amendment process rather a simple vote in the legislature like normal statues

How can an amendment pass

Support in 2/3 of both the senators and reps and then be ratified by ¾ of all state legislatures

only amendment not to follow process outlined in the constitution

21st amendment which repealed prohibition in 1933

how was amendment 21 ratified

mechanism called state ratifying convention where citizens attending meetings in ¾ of states had to give approval

Constitution is sovereign

meaning it takes precedence over any law passed by congress or any state legislature

Elastic clause

Article 1, section 8, clause 18 which grants congress the vague and wide ranging power to do whatever it deems to be ‘necessary and proper’ to fulfil its duties

Example of elastic clause use

Creation of federal department of homeland security in 2003 as part of 9/11 response

Two examples of constitution being vague

no specific list of the powers each state possesses so 10th amendment had to be passed

Article III has no mention of the Supreme Court’s role in interpreting the constitution but it doesn’t give the role to either of the two other branches

10th amendment

reserved powers clause, any powers not delegated to the federal government are reserved by the states

Which branch did the framers intend to be the most powerful

Congress, it receives the most specific and clear grants of power in the original constitution

Congress’ powers given in the constitution (4 points)

• setting the annual federal budget

• voting on legislation before it gets sent to the president

• proposing constitutional amendments

• providing advice and consent over executive appointments and treaties

why had congress gained power in some areas

vagueness of the interstate commerce clause

example of Congress gaining power in an area

it has increased ability to regulate commerce including gun sales

Congress introduces ban on assault weapons across the US

1994

Example of decreased power

Despite Article I section 8 giving them the power to declare war, they haven’t formally done this since 1942 and instead the executive branch had begun to have greater control over foreign policy

Decrease in congress ratifying treaties negotiated by the President

Presidents more likely to sign trade deals or executive agreements that don’t need congressional approval like Trump’s decision to recognise Jerusalem as the capital of Israel in 2020

Powers of the president set out in the constitution

Article II- president able to negotiate treaties, propose legislation, submit the annual budget to congress, nominate judges and ambassadors and veto legislation

Increased powers of the president’s military role

Since WW2 presidents have consistently made military decisions without congressional approval (Iraq twice, Vietnam, Afghanistan etc) and the changing nature of warfare to targeted drone strikes etc has meant congress doesn’t need to be asked to deploy troops

increased domestic powers of the president

gained the power to issue executive orders

what is an executive order

a declaration building on existing legislation that can significantly change the interpretation and enforcement of the law

Example of the use of executive orders

Biden issued 17 on his first day in office in 2021 doing things like re-joining WHO and compulsory masks on government property

increased foreign policy powers of the president

executive agreements

what is an executive agreement

an agreement between the executive branch and foreign leaders which don’t need congressional approval to be enacted

what have executive agreements enabled presidents to do

make progress on foreign policy issues despite the hyperpartisan nature of congress

2 examples of executive agreements

Trump relocated the US embassy in Israel to Jerusalem from Tel Aviv

Biden’s signing of the AUKUS military pact

Constitutional role of the supreme court

Outlined in Article III, very few specific powers or roles given to them but did establish the supreme court as an arbitrator in disagreements between states

what has the vagueness in the constitution around the judicial branch allowed

SCOTUS to assume a much greater role in the political system than the framers may have imagined

increased powers of the judicial branch

Marbury v Madison gave judicial review

Since then it has ruled on many high profile issues on constitutional, social, political and economic issues like

Marbury v Madison date

1803

Marbury v Madison significance

SCOTUS essentially appointed itself as the guardian of the constitution as it ruled it had the power to interpret the constitution in cases where its provision was disputed and strike down legislation that doesn’t abide by it

Strict constructionists

believe that the constitution should be interpreted strictly in line with its original wording, usually conservatives on the right

Loose constructionists

believe that the original provisions should be interpreted flexibly to allow for social progress, tend to be liberals

checks and balances

place limits on the powers of different branches

Who influenced idea of checks and balances

Baron de Montesquieu

Framers put what at the heart of checks and balances system

Congress as they gave it particular responsibility for limiting the power of the president as they saw him as inferior to congress

Example of overlapping roles in legislation

president can propose legislation or ask a congressman to do it on their behalf

example of overlapping role in foreign policy

President’s commander in chief role overlaps with Congress’ power to declare war and president can negotiate treaties but they have to be ratified by congress

overlapping roles in appointments

president nominates people for the supreme court and executive branch but appointments need to be ratified by the senate

4 ways congress can hold the executive to account

Impeachment

Subpoena power

Power of the purse

refusal to ratify appointments

Impeachment process

If president suspected of committing ‘high crimes or misdemeanours’ house votes to impeach them with a simple majority, trial then held in the Senate and then a 2/3 majority of senators is required to convict and remove the president from office

All the presidents who have been impeached by the house

Andrew Johnson

Clinton

Trump (twice)

Subpoena power

Congressional committees can issue subpoenas which are legally binding summons to members of the executive branch asking them to testify and supply information

Example of failure to comply with Subpoena

Donald Trump ignored them over potential russian interference in the 2016 election

Federalism as a check and balance

less formalised as the 10th amendment is vague but states retain control over education, healthcare, state taxation, abortion, drug policy and criminal justice

Hyperpartisanship

members of the House and Senate have increasingly voted along party lines

United government

when the president’s party has a majority in both the house and senate

what do united governments allow

presidents to pass legislation through congress without facing particularly strong checks and balances

divided government

when at least one chamber of congress is controlled by the party that doesn’t hold the presidency

Years of divided government between 1967-2024

37

years of united government 1967-2024

20

how long has a period of united government lasted since 1968

no more than 4 years

Obama divided government example

congress consistently refused to pass his gun control proposals despite Sandy Hook

arguments for checks and balances being effective

rigor of the executive and judicial appointments process

Ketanji Brown Jackson nomination

SCOTUS nominee from Biden who had 20 hours of questioning from the judiciary committee before being appointed

example of scrutiny making nominees be rejected

1987 Reagan’s nominee Robert Bork was rejected by the senate after his conformation hearing brought attention to his previous roles on civil rights issues

Arguments for checks and balances being weak

• presidents now able to make all major military decisions without facing checks and balances

• Executive orders can’t be checked by congress (can be by SCOTUS)

• Executive agreement’s can be checked by other branches

• Can push through nominations to SCOTUS

Amy Coney Barrett’s nomination

pushed through in just 30 days by republican controlled senate so she would be confirmed before 2020 election but did face nearly 20 hours of questioning

argument that checks and balances are too strong

legislative gridlock in congress

power of judicial review displacing congress as most important check

percentage of bills passed by congress between 1983-93

5%

percentage of bills into law 2013-2023

2%

Constitution written with the aim of

promoting consensus and compromise

When can congress override a presidential veto

If 2/3 of both chambers vote for it, it is rare and none of Biden’s vetos were ever overridden

Framers designed the system of checks and balances with the rationale that

different states and factions would need to work together to make progress

Example of bipartisanship in the constitution

because of the president’s veto power almost all bills are passed with the support of the executive and a majority in both chambers

Bipartisanship example

congress passed bipartisanship infrastructure law in 2021 which was a 1.2 trillion dollar spending plan aimed at improving national transportation networks

Republicans who supported the bipartisan infrastructure law

13 house republicans and 19 senate republicans

When is bipartisanship most prominent

times of crisis like covid and the ukraine war

CARES Act

2.2 trillion deal of covid support passed in 2020

Additional Ukraine Supplemental Appropriations Act

2022, bipartisan

Establishment of the department of homeland security

2003, passed representatives by 295-132 and senate by 90/9

less partisan chamber

throughout 20th century the senate prided itself on being less partisan but its conformation hearings for appointments have become highly partisan

Merrick Garland

Senate republicans refused to consider him as a SCOTUS nominee in 2016 as it was within a year of an election

last 4 appointments to the supreme court have

been made with a total of just 8 senators voting against party lines

Impeachments and bipartisanship

only 1 impeached in the first 200 years and then three impeachments in less than 30 years

Use of filibuster for partisan purposes

has increased in the senate in recent years, Filibuster prevented trump from passing his replacement for obamacare

best example of hyper partisanship in action

federal government shutdown when congress and the president cannot agree on the annual budget

government shutdown examples

one in 2013 during obama and 2 during first trump presidency

cooperative federalism

when relationship between the federal government and state governments is relatively consensual and any changes to the power dynamic is agreed in advance

coercive federalism

when the federal government uses acts of congress and executive orders to impose changes to its relationship with the states against its will

how many executive departments did the framers intend

3