The US consitution

What is a consitution?

Fundamental set of rules and principles that establish how a state is governed,distriuted political power and defines the relationship between government and citizens

Outline the US consitution

-It establishes the three main branches of the federal government, defining their powers/responisbilites

-Limits the government’s powers through checks and balances

-Divides power between federal power and 50 states through federalism

-Protects individual states

What are the four key characteristics of the US Constitution?

-Codified

-Entrenched

-Federal

-Judiciable

What is meant by codification?

The Constitution is contained in a single authoritative written document

What is meant by entrenchment?

The Constitution is difficult to amend because Article V requires special proposal and ratification procedures.

What is meant by federal?

Sovereign governing authority is divided constitutionally between the federal government and the states.

States retain powers over areas like education while federal government handles matters such as national defence

What is meant by judiciable?

Constitutional disputes can be decided by courts, which interpret constitutional provisions and determine whether government action is constitutional.

This is done through judicial review

Evaluate the characteristics of the constitution

Reinforce constitutional government by limiting arbitrary power.

However, entrenchment and judicial interpretation can make the system less responsive to changing public opinion.

What were the main aims of the constituion?

-Create a stronger central government

-Minatain state autonomy

-Prenevt tyranny

-create political stability

-Protect liberty

What were the articles of confederation?

The first consitution of the US aspoted during the Revolution

It established a loose confederation in which the states retained substantial independence

What happened at the Constitutional Convention of 1787?

Delegates developed an entirely new consitution

-Agreed to establish a stronger federal government with legislative, executive, and judicial branch

-Created a bicameral congress

-HOR reprsengt the population of each state while the Senate would give each state equal representation

What are the main differences between federalists and anti-federalists?

-Federalists favoured a stronger national government and beloved se[peration of powers and checks and balances would prevent tyranny

-Anti-Federalists belive that federal power would become exessive and that it would threaten liberty and state autonomy

What is the purpose and significance of the US Constitution?

-Establishes government insitutions

-Distributed political power between the branches

-Limits the government by placing checks and balances

-Protects rights

-Establishes legal supremecy

What does it mean to say the Constitution is the supreme law of the land?

Article VI containing the surpemecy clause establishes that the conisution are the supreme law of the land

-State government cannot lawfully voerrider valid federal conistutional authoroity

-State consitutions and laws musat comply with the us conitutiion

-Fedral laws must have a valid conitutional basis

-Goverbnment officals are contisutionally bound by law

Case study:Marbury v Madison 1803

-The Supreme Court established the principle of judicial review so courts can refuse to enforce laws that do not follow the consittuion

-This supremecy provides a legal mechanism for limiting fsderal/state governments

What are the strengths of the US Constitution?

-Protection against tyranny due to checks and balances

-Protection of rights like the Bill of rights

-Stability and continutity

-Federalism-state can respond to local needs

-Limits on governmendt thorugh con situtional supremecy/judicial review

Weaknesses of the us consitution

-Difficult amendment process due to Article V

-Risk of political deadlock

-Unequal representation-Each state receives 2 senators regardless of population

-Judicial review, Unelected judges

Why is the consitution important to contemporary US government?

-Determines political power if the president, Congress, and the judiciary

-Shows how federalism is carried out

-Civil liberties are portected

-Electroal politis-esatblishes basic structure

What is separation of powers?

Separation of powers is the constitutional principle that divides government authority between the three branches: the legislative, executive, and judicial. The aim is to prevent the concentration of political power in one institution and reduce the risk of tyranny

What is the legislative branch?

Congress-Article I

Makes federal laes,cintrols taxation and spending and scrutainises the execuvitve

What is the Executive branch?

President-Article II

Implements and enforces federal laws, directs the executive branch and conducts foreign policy within constitutional limits

What is the Judicial branch?

Supreme/federal courts-Article III

Interpret law, resolve legal disputes and determines whether government actions comply with the Constitution

What is meant by the US having a partial seperation of powers?

The branches are institutionally different, but their powers overlap

The seperation preventsd one branch from possessing complete control

Howver it means they can restrain one another, producing gridlock

What are checks and balances?

Mechanisms through which each branch of government can restrict, scrutinise, or challenge the actions of other branchrs

Operate alongside separation of powers

Give 2 ways congress can check the president

• Congress can refuse to pass the presidnets legislative proposals

• The senate confirms many presidnetial appointments inlcuding federal judges and cabinet level officials

Give 2 checks on congress from the president

• The presidnet can veto legislation passed by congress

• The presidnet can negociate executive agreements within the limits of cosnitutional and state authority

How does the judiciary check congress and the president

• Courts can invlaidate legislation that violates the constituion

• Courts can review executivr actionas and determine whter they exceed consitutional authority

What checks does Congress have on the judiciary?

• The Senate confirms Supreme Court nominations.

• Congress can establish and regulate the jurisdiction of lower federal courts within constitutional limits.

Give an evaluation on checks and balances

-Are powerful as no branch is entirely independent of scrutany

-Howvewr, effectiveness of chekcs depends on political circumstances, institutional willingness to act and distribution of party control

What is a presidential veto, and how can Congress override it?

Occurs when the president rejects a bill passed by Congress and returns it with objections, preventing it from becoming law unless congress overides the veto

Why is the veto important?

Allows the president to prevent legislation that conflicts with their policy priorities

Evaluation of the veto

Strong check when the president’s opponents can build sufficient bipartisian support

Less effective when the president’s party controls Congress and remains politically united

What is federalism?

A constitutional system in which political power is divided between a national and regional government, with each possessing powers protected by the consitution

What powers do federal governments possess?

possess powers such as national defence and foreign affairs

What powers do the states possess?

States retain power over education and local governments

Give analysis for federalism

Prevents all political authority from being concentrated in the national government and allows policy to vary according to local circumstances

Evaluation for federlaism

Encourgae innovation and local accountbaility

Produces inconsistent policies,unequal provisionsd and disputed about which level of government should act

What are the 4 main types of federal powers?

Enumerated

Implies

reserved

Concurrent

Enumerated powers

Powers explicitly granted to the federal government in the Constitution, especially Article I, Section 8.

Implied powers

Powers not explicitly listed but considered necessary and proper for carrying out enumerated powers.

Implemetning a military draft

Reserved powers

Powers retained by the states or the people under the Tenth Amendment because they are not delegated to the federal government or prohibited to the states.

Concurrent powers

Powers that can be exercised by both federal and state governments.

Examples: Taxation

What is the supremacy clause?

Establishes that the Constitution, valid federal laws made pursuant to it and treaties made under US authority take precedence over conflicting state laws.

How does the supremacy clause affect federalism?

• Preventing states from overriding valid federal constitutional authority.

• Ensuring that states comply with federal law where federal law validly governs the issue.

• Providing a legal basis for resolving conflicts between federal and state governments.

How is Congress structured?

It is bicameral, consisting of the House of Representatives and the Senate

What is the House of represenatives?

435 voting representatives according to state population and serve two year terms

he House has the sole power to initiate impeachment proceedings

What is the senate?

100 senators, with two representing each state.

• It confirms many presidential appointments.

• It gives advice and consent on treaties, requiring two-thirds of senators present to concur.

What does Article V establish?

Article V establishes the formal process for amending the US Constitution.

How can the U.S. Constitution be proposed for amendment?

• A two-thirds majority in both the House and Senate.

• A convention called by Congress after applications from the legislatures of two-thirds of the states.

Requirments for ratification to take place

an amendment must be approved by three-quarters of the states, through their legislatures or state conventions, depending on the method Congress specifies.

Analysis for Article V

Protects the conisution from being changed too easily creating stability

Prevents reforms even with popular support

How has federalism changed over time?

The overall trend has been towards a more influential federal government, particularly in economic regulation, civil rights and national programmes although styates roles reamin important

Federalism during the civil war and post civil war

-The Civil War was fought over slavery but also included states’ rights.The North won and state power wad surpressed

-Post civil war the South saw radical segregation viewed as permissiabke under states’ rights(ended by federal government 50/60s)

How did the 16th ammendment(1913) influnce federalism

Allowed for national income tax

Only consitutional ammendment to extend power/authority of the central government

Federalism in the 1930s/ww2

-Required increase in power/influence of the national government due to the depression and the ww2, which required industry on a national scale

Federalims in the 1970s/80s

Saw backlash against the growth of a big government with several Republican presidents gtalking of returning power back to individual states

-Block grants given to states at their own discresion withing broad policy areas

What are states rights?

Refer to the principle that individaul states should retain substantial consitutional authority rather than having powers absorbed by the federal government

Why do supporters defend states' rights?

• States can respond to different local circumstances.

• Decentralisation limits excessive federal authority.

• State governments provide additional opportunities for political participation.

• States can experiment with different policy approaches.

Give an example if federal-state conflict

Dobbs v. Jackson gave the states power to determine abortion rights, which overturned Roe v. Wade in 2022

This retured substantial regulatory authority to elected governments and demonstrated how constitutional interpretation can change the balance between national rights protections and state authority

Stregths of federalims

-Protects against excessive centralisation

-Encourgaed policy experimentation

-Improves local responsiveness

-Providses insitutional checks as states can challenge federal action in court

Weaknesses of federalims

-Unequal rights and policies

-Policy inconsitency

-Blurred accountability, difficulty to determine which level of government is responsible for policy success or failure

-Unequal resources

Advantages of an entrenched constitution

-Protects fundamental priciples-core consitutional rules cannot be changed by a temporary government

-Prevents authoeitarina chnages

-Creatres stability

-Protects minority rights

Disadvantages of an entrenched consitution

Reform is difficult-Important changes can fail due to the supermajorities needed.

It can become outdated, as it may not reflect social, economic, or technological developments

Increases judicial power- where formal amendment is difficult, courts may have greater influence over how constitutional provisions are interpreted

What is the Fourteenth Amendment?

-Defines national citizenship and protects civil rights for all individuals

Contrians three important protections:

1.Citizenship clause

2.Due process clause

3.Ewqual rights protection clause

Give a case study for the fourteen amendment

Obergefell v Hodges (2015).The U.S. Supreme Court ruled in a 5–4 decision that the Fourteenth Amendment guarantees a fundamental right to same-sex marriage

What is the Bill of rights?

The Bill of Rights consists of the first ten amendments to the US Constitution

Main purpose

-Protect individuals from government interference

-Safeguard political and religious freedoms

-Protect criminal defendants from unfair legal procedures

What does the First Amendment protect?

Five major areas of freedom-religion,speech,press,assmebly and right to pretition

Give a case study for the first amendment

Texas v Johnson (1989).

the U.S. Supreme Court ruled 5–4 that burning the American flag is protected symbolic and political speech under the First Amendment.

Strong speech protections are essential to democracy, but disputes arise over the boundary between protected expression

What are civil liberites?

Fundamental freedoms that protect individuals from unjustified government interference.

Example:Freedom of speech under the First Amendment.

Purpose: To restrict government power and protect individual freedom.

What are civil rights?

Legal protections intended to ensure equal treatment and prevent discrimination.

Constitutional protections for voting rights under the Fifteenth, Nineteenth and Twenty-Sixth Amendments.

Purpose: To prevent discrimination and promote equal legal and political participation.

What is the difference between civil liberites and civil rights?

Civil liberties primarily protect freedom from unjustified government interference, while civil rights primarily protect equality and freedom from discrimination.

What happened in Schenck v United States, and why is it important?

Schenck distributed leaflets opposing the military draft during the First World War. He was prosecuted under the Espionage Act of 1917.

Constitutional issue: Whether his conduct was protected by the First Amendment's freedom of speech, but the Supreme Court upheld his conviction

• Demonstrated that freedom of speech was not treated as absolute.

• Showed how the Court balanced individual liberty against the government's claimed national security interests.