US Constitution

Natural Rights

The constitution and especially the Bill of Rights reflect the idea that people are born with rights.

Social Contract

Constitution is a written agreement establishing government by consent, echoing Lockes belief that a legit gov. comes from the people.

Separation of Powers

Inspired by Montesquieu, the constitution created a system of checks and balances across 3 gov. branches: Executive, Legislative, Judicial.

Popular Sovereignty

It begins with "We the People" showing authority comes from the citizens not a monarchy or the elite.

Liberal Republican

The founding fathers built a representative democracy protecting property and individual rights.

The 4 Principles of the US constitution

Its vagueness and silence in critical places of the constitution - Immigrants (+ve), Women (-ve), 2nd Amendment (-ve).

Need for a Supreme Court to clarify constitutional vagueness - Roe v Wade 1973 vs Dobbs v Jackson 2022.

"Game of Gridlock" - Budget Gridlock led to federal and civil servants didn't get paid.

Elections: each of the 50 states have their own system - Voting Rights Act 1965 (+ve), Electronic Voting, Paper Ballots, Mail-in Voting (Utah).

Checks and Balances

A crucial feature of the Constitutions framework in which each branch of gov. is limited by others, preventing too much concentration of power in any one institution/individual.

Presidential checks on Congress

Veto's acts or resolutions Congress pass - Trump vetoed 10x from 2017-2021.

Issue executive orders. - Biden did 1 in 2023 on safer AI use

Create appointments or new branches without Congressional approval. - DOGE in Feb 2025

Congressional checks on President

Veto's overturned by a Supermajority of both houses. - Obamas JASTA act in 2016.

Senate must confirm all presidential appointments by a simple majority - Senate Judiciary Committee rejected Sarah Netburn from district judge, nominated by Biden.

Can 'Impeach' a President. - Trump impeached twice, December 2019 and 2021. But neither passed the Senate allowing him to run for a second term in 2024

Congressional checks on Judiciary

Congress can impeach federal justices. - Louisiana Justice Thomas Porteous for Corruption in 2010.

Constitutional Amendments can overturn SC verdicts. - SC ruled 'National Income' Tax unconstitutional against the 13th Amendment in 1913

Judicial checks on Congress

Courts can declare acts of congress unconstitutional. - 1996 Defence of Marriage Act (DOMA): formally repealed in Respect for Marriage Act 2022

Presidential checks on the Courts

President nominates all federal judges, including the SC. - Trump appointed 3 conservatives in his 1st term, Biden appointed Ketanji Brown Jackson in 2021

President can issue pardons to those of federal crimes. - Obama reduced 330 sentences on his final day, Biden pardoned his family in 2025, Trump pardoned 1500 people who were arrested after the Jan 6th Riots in 2021)

Judicial checks on the President

Courts can rule presidential actions unconstitutional and therefore illegal.

(July 2020, Trump v Mazers + Trump v Vance. 2023 Biden v Nebraska)

Route 1 of the formal amendments process

By a 2/3 majority in both the Senate and the HoR. (Supermajority)

3/4 of state legislatures must then ratify it.

Route 2 of the formal amendments process

At a constitutional convention called by 2/3 of the states.

3/4 of state legislatures must ratify it at special state ratifying conventions.

Key amendments in the Bill of Rights (1791)

1st - Freedom of religion, speech, the press, and assembly.

2nd - The right to bear arms.

8th - Banned all 'cruel and unusual punishments'.

Key amendments after the Bill of Rights

13th - Abolished Slavery, (1865).

14th - Citizenship to former enslaved people with 'equal protection' clause, (Challenged by Trump in 2025, never passed SC).

17th - Introduced direct election in the US Senate.

Case study: Trumps 2025 exec. order on Birth-right citizenship.

14th amendment (1858) gave children of enslaved people US citizenship.

Trumps exec. order sort to restrict automatic entitlement to birth-right citizenship.

Immediately challenged by democrats, Washington State Judge John Coughenour temporarily blocked this.

As of June 2025, the SC ruled this move unconstitutional.

Federalism

A system of government in which bodies such as states or provinces share power with the national government. Many liberal democratic countries are federalist: USA, Germany, Switzerland.

Federalists founding fathers

"Alexander Hamilton and Benjamin Franklin" - Believed in a stronger central government (like a US national bank) to strengthen the young USA."

Anti-Federalist founding fathers

"Thomas Jefferson and Patrick Henry" - Believed in more autonomy for individual states, believing that each state should have more individual freedom to decide on their own laws."

First example of US Federalism

US Civil War (1861-65) - suppressed 'state power'.

Second example of US Federalism

Erosion of States Rights (1866-1960s) - 1897 Plessy v Ferguson, 1965 Civil Rights Act.

Third example of US Federalism

The New Deal to 1960s - FDRs 'New Deal' and his Alphabet Agencies.

Fourth example of US Federalism

'Big Government' backlash (1970s-90s) - 'New Federalism', Federal budget grew in the 80s (5.7% of GDP in '83).

Fifth example of US Federalism

'Big Government' is back (2000s) - GwB "No child left behind" act (2002), The PATRIOT Act after 9/11.

Sixth example of US Federalism

Obama and Trump (2008-20) - Affordable Care Act (2010), American Jobs Act (2011), $2 trillion Stimulus package (March 2020).

Seventh example of US Federalism

Biden and Trump pt.2 (2020+) - Bipartisan infrastructure and investment act (2021), Inflation Reduction Bill (2022), Trumps 'Project 2025' Agenda.

Main patterns of Presidential ‘Federalism’

1. Reliance on presidential discretion in making intergovernmental policy

2. Partisan polarisation manifesting in the growing geopolitical divide of red v. blue

3. Uncooperative relations between federal government and state

4. Ability to legislate in many areas

5. Death Penalty being a state issue

6. Electoral College being state-based “winner takes all” system (bar Maine and Nebraska)

7. State decisions on what type of voting takes place (Ballot, Mail-in, etc.)

‘Blue’ States

Focus on public sector expansion, stricter environmental regulations, and robust social safety nets.

They frequently codify protective legislation for reproductive rights, labour unions, and LGBTQ+ individuals.

Generally have higher tax revenues, stronger tech and finance sectors, and higher living costs.

Democrat Strongholds - New York, California

‘Red’ States

Prioritize deregulation, lower taxation, and traditional social values.

Legislative priorities often centre on restrictive abortion laws, expanded gun rights, and privatization of education.

Attract manufacturing, energy production, and agriculture with lower corporate taxes and cheaper labour

Republican Strongholds - Texas(?), Florida, Tennessee

Federal government and State relations

Uncooperative relations

Some states use governors, senators, and representatives to run more independently.

Others use governors, senators, and representatives as a bridge between the State and the Government.

Dobbs v Jackson 2022

The Supreme Court case which overturned Roe v Wade (1973) saying that abortion was a states right and not protected under the 14th amendments right to privacy

13 states have banned abortion

How many states have banned abortion according to the Dobbs v Jackson 2022 case?

28 states have partial bans

How many states have partial bans on abortion according to the Dobbs v Jackson 2022 case?

9 states are open to abortion

How many states are open to abortion according to the Dobbs v Jackson 2022 case?

Texas

Which state has the death penalty while surrounding states do not?

State Control v. Constituencies

Different states decide how their elections run.

All constituencies use the same system.

Current Challenges to Federalism in last 5 years

June 2025: LA gets an unprecedented military presence.

September 2025: ICE operations begin in Illinois (especially Chicago)

Critics of the Constitution

Critics highlight its deep flaws: Too rigid and uneven, enhances role of unelected judges.

Defenders of the Constitution

Defenders highlight: Not the constitution that is flawed but how contemporary politics is played out in the USA.

What is the basis for representation in the Senate?

Equal representation (New Jersey Plan)

What is the basis for representation in the House of Representatives?

Population-based representation (Virginia Plan)

Electoral College

12th Amendment established the US voting system ensuring smaller states aren’t overlooked.

2000 - George w. Bush won the election against Al Gore without winning the popular vote (271 EC votes, 47.9% of vote).

2016 - Donald Trump won the election against Hilary Clinton without winning the popular vote (304 EC votes, 46.1% of the vote)

Product of a Bygone Era where it was necessary in a pre-mass communication & transport era.

Congresses power to declare war

This power, outlined in Article I, Section 8, Clause XI of the Constitution, ensures that the decision to commit the nation to major conflict rests with the representatives of the people (Congress).

President as ‘Commander-in-Chief’

Article II, Section 2, Clause I of the Constitution

The president of the United States is Commander in Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual Service of the United States.

What is the 'Advise and consent clause'?

Article II, Section 2, Clause II

The term is used in reference to the senate's role in the signing and ratification of treaties, and the Senate's role in the nomination and confirmation process for federal appointees.

What happens during mid-term elections in the US?

1/3 of the Senate and the entire House of Representatives are up for election

Schenck v United States, 1919

Two socialists (Charles Schenck, Lizzie Baer) were convicted under the 1917 Espionage act for distributing ‘involuntary servitude’ leaflets against conscription.

SCOTUS ruled the 1st Amendment doesn’t protect free speech when there is a ‘Clear and Present danger’ to a significant evil that Congress or another body has the power to prevent.

Morse v Frederick, 2007

An Alaskan student held up a “Bong Hits 4 Jesus” sign across the street from a school event during the 2002 Winter Olympics torch relay.

The school suspended him for promoting illegal drugs.

SCOTUS ruled schools could regulate speech (“School Speech”) when it undermines a school’s education mission or threatens student safety.

If the banner hadn’t been Infront of the school, he would've been protected by the 1st amendment.

Kennedy v Bremerton, 2022

Joe Kennedy (HS football coach) led a willing group prayer before the game, his school (Bremerton School district) told him to stop to avoid a lawsuit on ‘The Establishment Clause’ (Separation of State and Church).

Kennedy refused and the case went up to SCOTUS who ruled that his 1st amendment rights prevailed over any wider issue due to it being willing not forced.