US Constitution- Principles/Features of the Constitution

What are the principles/features of the US Constitution?

Federalism, separation of powers, checks & balances, bipartisanship, limited government

How/Where does the constitution establish federalism?

The 10th amendment gives reserved powers to the states, article 4 outlines federalism

Example of successful federalism?

States have independent laws and autonomy: e.g California allows abortion whereas it's entirely outlawed in Texas/California legalises cannabis

Example of unsuccessful federalism?

The federal government is growing in size (e.g Obamacare, more agencies/departments) Gonzales v Raich the SCOTUS rules that the Drug Enforcement Administration is allowed to arrest people using medicinal marijuana despite cannabis being a reserved topic

Where/How does the constitution establish checks and balances?

In articles 1,2 & 3 they establish the powers of branches and this gives them powers to check each other

Example of successful checks and balances?

Trump's veto of the 2021 defense spending bill was overriden (both sides employ their powers to check). Also Clinton v New York ruled the line item veto unconstitutional- SCOTUS keeps President from encroaching excessively on Congress' power

Example of unsuccessful checks and balances?

Some branches have weaker checks-E.g President's veto can be overridden, they can lead to gridlock e.g 35 day long govt shutdown under Trump

Where/How does the constitution establish separation of powers?

Articles 1,2 & 3 establish how different branches are voted, Congresspeople can't be in the executive or court and vice versa. They're different branches with independent roles

Example of successful separation of powers?

Judges are able to judge against the government- e.g Boumediene v Bush 2008 (life tenure, fixed wages)

Example of unsuccessful separation of powers?

President has taken over Congress' unique power to 'declare war'. No declaration since WW2, Obama Libya 2011

Where/How does the constitution establish bipartisanship?

From things which require a supermajority- e.g ratifying treaties, overriding vetoes, proposing constitutional amendments

Example of successful bipartisanship?

Infrastructure Investment and Jobs Act 2021 was bipartisan, there have been amendments e.g 26th

Example of unsuccessful bipartisanship?

Increased government shutdowns shows failure of bipartisanship. E.g 35 day one under Trump

Where/How does the constitution establish limited government?

Bill of rights establish rights, there are limits on federal govt/states,-- the government should be as big as necessary but not bigger

Example of successful limited government?

The SCOTUS protects citizens from the government infringing on their rights-- E.g Boumediene v Bush 2008 it is ruled that the 2006 Military Commissions Act is unconstitutional for limiting access to legal rights of habeaus corpus

Example of unsuccessful limited government?

Despite the SCOTUS, Guantanamo Bay remains open today with 30 prisoners

Shelby v Holder 2013

SCOTUS finds strikes down part of the Voting Rights Act because the federal govt is infringing on state power over electoral law

What key policy was Obama re-elected on in 2012?

Obamacare-- this policy had a clear and strong mandate/public support