P3 US Constitution & Federalism

What is codification?

The Constitution is written in a single authoritative document, unlike the UK's uncodified constitution.

What is entrenchment?

Constitutional laws are protected from change by requiring a difficult amendment process.

What are enumerated powers?

Powers explicitly listed in the Constitution and given to federal government branches.

What is the principle of federalism?

The division of power between the federal government and the states.

What is limited government?

The idea that government should be subject to strict limits, usually through a constitution.

What is bipartisanship?

Cooperation between the two main parties to pass legislation, especially important in a system with checks and balances.

What is the separation of powers?

Power is divided among three branches: executive, legislative, and judiciary — each independent.

What are checks and balances?

Each branch of government can limit the powers of the others to prevent tyranny.

What is the amendment process in the US Constitution?

Two-thirds of both Houses of Congress and ratification by three-quarters of states are needed to pass amendments.

Advantages of the amendment process

It protects fundamental rights; prevents temporary majorities from making sweeping changes.

Disadvantages of the amendment process

It is too rigid; outdated aspects are hard to change (e.g. Electoral College); makes reform difficult.

Why is the US Constitution considered vague?

Many terms (e.g. "cruel and unusual punishment") are not clearly defined, allowing interpretation by the Supreme Court.

Positives of constitutional vagueness

Allows adaptability over time, enabling modern application without rewriting.

Negatives of constitutional vagueness

Gives too much interpretive power to the unelected Supreme Court, leading to politicised rulings.

What is federalism in the US?

A constitutional division of powers between the federal and state governments.

Strengths of US federalism

Allows states to act as policy laboratories; protects regional identity; decentralises power.

Weaknesses of US federalism

Creates inconsistencies in rights and services (e.g. healthcare, education); can cause conflict and inefficiency.

Is the US still truly federal today?

Yes: states retain significant autonomy in policy, taxation, and criminal law. No: federal government has grown in power (e.g. during COVID-19, under federal programmes).

What are the core principles of the Constitution?

Federalism, separation of powers, checks and balances, limited government, bipartisanship.

How do checks and balances work in the US?

Examples include presidential veto, congressional override, judicial review, and Senate confirmation of appointments.

Strengths of checks and balances

Prevents any one branch becoming too powerful; encourages compromise; protects liberties.

Weaknesses of checks and balances

Leads to gridlock; encourages partisanship; slows down important legislation.

What is the separation of powers in practice?

No one in Congress can be part of the executive; justices serve independently; the president can't make laws.

Strengths of separation of powers

Ensures independent oversight; limits executive power; encourages accountability.

Weaknesses of separation of powers

Can lead to conflict and institutional paralysis; often unclear responsibility for failures.

What is bipartisanship and why is it important?

Bipartisanship ensures cooperation across party lines to pass legislation — crucial in a system that requires consensus.

Strengths of bipartisanship

Encourages compromise, reduces extremism, and leads to more durable legislation.

Weaknesses of bipartisanship

It has declined in recent decades; increasing polarisation undermines cooperation (e.g. Obama-era or Trump-era gridlock).

How does limited government operate in the US?

Constitutional checks prevent the expansion of federal power; rights are protected via the Bill of Rights and courts.

Strengths of limited government

Prevents authoritarianism; protects individual freedoms; aligns with Founding Fathers' intentions.

Criticisms of limited government

Can block necessary social reform; courts may protect outdated interpretations (e.g. gun rights).

Key debate: Is the US Constitution too rigid?

Yes: outdated elements remain, such as the Electoral College. No: judicial interpretation allows adaptability.

Key debate: Is the Constitution democratic?

Yes: separation of powers and checks protect freedoms. No: Electoral College, Senate inequality, and judicial power challenge democracy.

Key debate: Is federalism still relevant today?

Yes: states play huge roles in policy (e.g. abortion laws, marijuana, education). No: national government increasingly sets the agenda (e.g. Obamacare).

Supreme Court's role in constitutional interpretation

The SCOTUS interprets the Constitution, shaping its practical meaning over time (e.g. Roe v. Wade, Obergefell v. Hodges, Dobbs v. Jackson).

Strengths of SCOTUS interpretation

Allows the Constitution to evolve with societal norms; protects minority rights.

Weaknesses of SCOTUS interpretation

Unelected body with significant power; can reflect political bias of appointed justices.