US GOVERNMENT - POLITICS A LEVEL- THE CONSTITUTION

What are the 4 key words that can be used to describe the nature of the US constitution?

-Judicable

-Entrenched

-Vague

-Codified

What does Judicable mean?

What does Entrenched mean?

-The US constitution can deem things ‘Constitutional or Non-constitutional’ in a court of law

-That the constitution is very difficult to change

What does Vague mean?

What does codified mean?

-Parts of the constitution are deliberately unclear and hence are more flexible

-That it’s a fully written single document

What is an example of a case deemed ‘unconstitutional’

Brown v. Board of Education of Topeka was a landmark 1954 Supreme Court case in which the Court declared state laws establishing separate public schools for Black and white students unconstitutional. This decision marked a pivotal moment in the U.S. civil rights movement, as it overturned the "separate but equal" doctrine established by the 1896 Plessy v. Ferguson decision, which had allowed racial segregation as long as facilities were equal in quality.

Give an example of how entrenched the constitution is

Article 5 of the Constitution requires two-thirds of both the House and Senate to propose an amendment, and three-fourths (38) of the 50 states must ratify it. This high bar means that only 27 amendments have been ratified since the Constitution was adopted in 1789 and 10 of these were the Bill of Rights

Give an example of how vague the constitution is

The Mculloch vs Maryland case(1819) where after the war the US government created a national bank which the state of Maryland saw as a means of federal overreach, thus causing Maryland to tax the Baltimore Branch of the national bank , . As a result of James Mculloch refusing to pay the tax the case reached the supreme court which deemed it constitutional for congress to establish a national bank, hence creating new power for congress not stated in the constitution.

Give an example of how the constitution is codified

-District of Columbia v. Heller (2008): The Court ruled 5-4 in favour of an individual right, striking down a Washington D.C. law that effectively banned handgun ownership. Justice Antonin Scalia, writing for the majority, argued that the amendment protected an individual’s right to possess firearms for traditionally lawful purposes, such as self-defense within the home.

How many US colonies are there?

What date did the US colonies gain independence from Great Britain

-13

-July 4th 1776

Who were the founding fathers?

What document did they sign?

What was it for?

-The people who came together to run the nation

-The Articles of Confederation

-It established 13 sovereign states with agreements around trade

Why did the founding fathers decide that a new constitution had to be made?

The congress they created was fairly weak with no power and there was no unity between the states

What were the founding fathers conscious of when creating their new constitution?

To ensure it was nothing like the British system that had oppressed them under colonisation

What was the first grievance that the Foundin g fathers had?

How is this shown?

What phrase became popular among Americans?

-The king ruled without restriction and was able to control the colonies without actually being there

-The Stamp Act of 1765 which was set up to tax all official papers and communications circulating in North america

-’No taxation without representation’

What was the second grievance that the Founding Fathers had?

How is this shown?

-No formal protection of rights

-The 1765 Quartering Act which meant that Americans were obliged to allow British soldiers to sleep in their home, provide beds etc…

What was the third grievance ?

How is this shown?

What did this mean

-The Americans still had a weak central government that had to answer to the king of England on matters of policy, taxation etc….

-The years after the end of the revolutionary war(1783) were filled with turmoil and economic flux as well as conflict with native american tribes and foreign powers

-They needed a strong government to look out for the people and the country

What were the principles of the constitution?

-Limited Government

-Bipartisanship

-Separation of Powers

What is the fourth amendement?

It explicitly restricts the government’s power by protecting citizens from “unreasonable searches and seizures,” ensuring that individuals have a right to privacy.

What evidence is there to show that Limited Government is upheld?

-Mapp v. Ohio (1961) is a landmark Supreme Court case that established the exclusionary rule at the state level, ensuring that evidence obtained in violation of the Fourth Amendment could not be used in state criminal trials and so in a In a 6-3 decision, the Supreme Court ruled in favour of Mapp, holding that the exclusionary rule did indeed apply to state courts through the Fourteenth Amendment’s Due Process Clause.

What are three ways the US constitution reflects the idea of limited government?

-The Bill of Rights

-System of Checks and balances

-The lengthy amendment process

What evidence is there for these three points

Bill of Rights= US vs Lopez

Checks and Balances= Any evidence of checks and balances

Lengthy Amendment Process- Already know the evidence

What did the checks and balances divide the government into?

-The legislative branch(congress)

-Executive branch(president)

-Judicial Branch(courts)

What is Bipartisanship?

-A spirit of close cooperation between those in congress to achieve politics

What evidence is there to show bipartisanship at government level?

-The 2001 ‘No Child Left Behind Act’ in which bipartisan support was shown from both democrats and republicans as shown with key players like senator Ted Kennedy and Representative John Boehner with the vote being passed 381-41 in the house of representatives and 87-10 by the senate, thus showing the aligned goal to improve educational outcomes for all American students, particularly those in disadvantaged communities

What are three ways Bipartisanship works in the US today?

-Bipartisan coalition on matters with heavy public support(2001 no child left behind act)

-Bipartisan investigations on matters which threaten national security

-Bipartisan efforts at state level

Give an example of a bipartisan investigation due to national security threats

A House Select Committee was established by the U.S. House of Representatives in 2021 to investigate the events surrounding the storming of the U.S. Capitol on January 6, 2021, by supporters of former President Donald Trump. The committee's purpose was to understand the causes and consequences of the attack. It presented its findings In December 2022

Give an example of Bipartisan efforts at state level

In 2021, Florida’s Republican Governor Ron DeSantis along with Democratic support, approved the Resilient Florida program, allocating hundreds of millions of dollars to address sea level rise . This stemmed from the shared recognition that Florida’s coastal communities and economy are directly threatened by environmental changes

What evidence is there to show that the separation of powers is important in the US in terms of federal roles?

-Obama formally resigned from his Illinois State Senate seat on November 4, 2008, shortly after being elected as the 44th President of the United States. His resignation was effective immediately after the election, as he had already secured his victory over Republican candidate McCain, thus signifying his transition from domestic to national politics.

How else is the separation of powers shown in terms of presidential confirmation?

Brett Kavanagh was nominated by Donald Trump to become a supreme court justice in which he faced a hearing on 2018 where he faced questions from senators regarding his judicial record and the sexual assault allegations he faced from Christine Blasey Ford etc before being confirmed on with a vote of 50-48 in the senate

How rare is it for a supreme court justice to not get confirmed by the senate?

Only 12 nominees in U.S. history have been formally rejected by the Senate in a recorded vote . That’s about 7% of all nominees.

What do the examples of separation of powers show about the US government?

The idea that the US government acts both independently and interpedently

What is an example of a check and balance?

Trump was impeached in 2019 after a whistle blower complaint was made which alleged that Donald trump had made a phone call to Ukrainian President Volodymyr Zelensky on in which he pressured Zelensky to investigate his political rival, Joe Biden, and Biden’s son, Hunter Biden and that if he didn’t they would withhold funding from them which was seen as an abuse of power

Give another example of a check and balance?

President Bush’s veto of the water resources act 2007 on the grounds that it was fiscally irresponsible and was too expensive was overrode by congress which included the house by 361-54 and the senate by 79-14 as the Bill had widespread support surpassing the supermajority needed to override the veto

What are enumerated powers?

What are implied powers?

-Written legitimate powers in the constitution

-Powers that are said to be there but not necessarily said

What does Article 1 section 8 say?

Congress can enact legislation in order to carry out its enumerated powers but does not outline how these laws should be written

Give an example of where this is shown?

Mculloch vs Maryland

Why is this contradiction in the constitution?

It means that congress can interpret their powers given to them in the constitution however they wish and so this can possibly lead to the congress creating unconstitutional laws and so going against the founding fathers idea of limited government

What does Article 2 section 1( Vesting clause) say?

The power of the executive branch shall be vested solely in the president of the united states of America.

What is the Unitary Executive Theory?

The constitution is deliberately vague about the power of the president as he has been vested with the full power of the executive branch and so can wider reaching actions that cannot be interfered with by congress

Where is evidence of this shown?

Myers vs United states in which Myers (a postmaster) was removed from office by President Woodrow Wilson but Myers argued that his dismissal was invalid because it lacked the senate’s consent. The supreme court ruled in a 6-3 decision that the president indeed did have the power to remove executive officers without senate approval.

Why is this an issue?

The president could be given powers beyond those stated in the US constitution which could create an imbalance in power between all three branches

What does Article 2 section 2 say?

Where is the contradiction in this article?

-This refers to the power of president to appoint executive officers to post eg. supreme court justices and ambassadors using congress

-It says it needs to be done with the ‘advice and consent’ of the senate

Give an example of Article 2 section 2 in practice

After World War I, President Woodrow Wilson played a key role in negotiating the Treaty of Versailles, which included the establishment of the League of Nations, aimed at promoting peace. However, despite Wilson’s efforts, the Senate ultimately rejected the treaty. Senators were concerned that joining the League of Nations might limit U.S. sovereignty and compel the United States to participate in foreign conflicts.

Why is this an issue?

The issue is with the ‘advice’ part as some people like a stronger executive power and some not so much(congress has more power)

-Creates unnecessary conflict between the power of the president and the congress which can cause disputes in decision making

Why is the Bill of rights shown to be a contradiction in the constitution?

The constitution was ratified in 1788 and the Bill of Rights in 1791 thus showing that the constitution was essentially not fit for purpose as the first 10 amendments in the rigorous process where to protect US rights which should have been said in the constitution

What are three checks and balances that can be exercised by the President?

-The president can block acts of congress ( blocking power)

-The president can order certain legal actions without the need for congress to approve

-The president has the power to appoint supreme court justices when one resigns or dies

Give an example of the blocking power of the president

In 2015, Congress passed a bill approving the construction of the Keystone XL Pipeline, a proposed pipeline that would transport oil from Canada to refineries in the United States President Obama vetoed the bill, stating that the legislation needed a full review of the environmental impact and its focus national interest

Give an example of the President’s use of the executive order

Trump issued an executive order in 2017 often referred to as the ‘Muslim Ban’ which temporarily suspended entry into the U.S. for citizens of seven predominantly Muslim countries for 90 days. It also paused the refugee admissions program for 120 days and indefinitely banned Syrian refugees. The stated aim of the order was to prevent potential terrorist threats

Can executive orders be overidden?

Yes as congress can pass a law opposing it, but this can be vetoed by the president and since the establishment of the constitution in 1789 to 2023 only 4.3% of veto overrides have been successful

Give an example of the appointment of supreme court justices by the president

Donald trump’s appointment of Brett Kavanagh

What are the three checks and balances that can be exercised by congress?

-Power to impeach the president via a supermajority

-The ability to override a veto by the president

-All money bills have to be passed through congress(Power of the Purse)

Give an example of the power to impeach

Donald Trump 2019

Give an example of congress overriding a veto

Congress overrode the veto of the water resources act

Give an example of the power of the purse by congress

There was conflict over the use of the government budget in the Affordable Care Act (2013) in which members of congress who opposed Obama Care sought to withhold the funding needed to implement it, thus causing a budget impasse and a 16 day government shutdown as many federal agencies couldn’t operate without an approved budget.

Give three checks and balances that the judicial branch can exercise

-Can limit power of congress

-Can limit power of the executive

-Supreme Court Justices are appointed for a lifetime

What is the purpose of lifetime appointment?

They cannot be sacked or removed except for poor conduct . This independence allows the judiciary to make decisions without fear of retribution from the executive or legislative branches, thus providing a balanced, impartial check on their powers

Give an example of a lifelong serving supreme justice

Justice Ruth Bader Ginsburg served from her appointment by President Bill Clinton in 1993 until her death in 2020 and became an icon for consistently championing progressive causes. Her long tenure allowed her to influence areas like women's rights, LGBTQ rights, and healthcare

What is Federalism?

The principle in the US where power is divided between a national government and 50 individual state governments

What are Delegated powers?

What are Reserved power?

-Powers given up by the states to the central government(states had the power first)

-Powers kept by the states

What powers does the Federal government have?

-Can control the printing and supply of money

-Regulation of interstate commerce

-Establish constitutional Protections

What powers do the state have?

-Intrastate Commerce( business in a single state)

-Power to enforce policy in key areas like infrastructure etc

-Power to regulate state elections

Give an example of where the federal government control the printing and supply of money

When the U.S. economy collapsed in 2008, the Federal Reserve (the central bank) took major steps to stabilize the economy, including printing money to increase liquidity in the financial system and lowering interest rates to near 0% to encourage borrowing and investment

Give an example of where the federal governemnt regulated interstate commerce?

Raich vs Gonzalez whereby Raich and another California resident were growing marijuana for medical purposes but this seen was seen as illegal under the Controlled Substances Act and so the supreme court ruled in a 6-3 ruling that the government had the right to regulate even non- commercial commerce

Give an example of intrastate commerce?

In 2018 California's Proposition 12 was made which set specific standards for the treatment of animals used in pork production and prohibits the sale of pork in California unless the pigs were raised under conditions meeting California's animal welfare standards which includes out of state producers

What does it mean for the state to be able to regulate state elections?

They can do things like set voter registration requirements and decide on voting methods like mail in etc

Give an example of where they do this

In 2021, the state of Georgia passed a law called the Election Integrity Act which made several major changes to how elections are run in the state including changes to voter ID requirements and the banning the distribution of food and water to people waiting in line to vote

How does the concept of federalism influence the US government?

-Limit the power of the federal government

-Limit the power of the states

-Use the supreme court to interpret the power of the government in comparison to the states

Give me an example of where US government power is limited

In the 2004 case of Rahul vs Bush the US government was unable to suspend habeus corpus when applied to prisoners detained in Guantanamo Bay after Rahul sued President George W. Bush and the U.S. government, arguing that the detainees should have the right to challenge their detention in U.S. courts even though Cuba is outside the mainland and the supreme court ruled 6-3

What is an example of federalism being upheld?

In the 2012 Sebelius vs Federation of Independent business the supreme court ruled 7-2 that the expansion of the Medicaid Programme whereby states had to help provide health insurance to those who couldn’t afford it or lose all their federal funding for Medicaid was deemed unconstitutional

Give me an example of where federalism is not upheld?

In 2018 California passed senate Bill 54 limiting how much state and local law enforcement could cooperate with federal immigration authorities this led to the Trump administration suing California, arguing that this interfered with federal immigration enforcement and threatened to withhold federal funding from cities and states that didn’t comply

What is the second way the constitution can be ammended?

Calling of a convention by 2/3rds of state legislatures with ¾ having to agree to the ammendment

Why is the constitution so hard to amend?

-The amendment process is quite difficult

-The constitution is deliberately vague which makes it unclear and causes easy differences in opinion

-The Constitution is an extremely venerated document

How is the constitution shown to be venerated?

Constitution Day, observed annually on September 17th, commemorates the signing of the Constitution in 1788. Schools and institutions mark this day with public readings of the Constitution, and discussions about its significance with Presidents even upholding the importance of the day like Barack Obama who in 2012 told the American People to reflect on their constitution

What are the pros and cons of the Amendment Process?

Pros: Prevents extreme frivolous amendments to the constitution/ Prevents against the majority tyranny

Cons- Prevents the views of Minority states from being heard/ SCOTUS power is heavily amplified

What rights are protected in the US Constitution?

-The Right to Keep and Bear Arms- 2nd Ammendment( Heller vs District of Columbia)

-4th Ammendment - Protection against searches and seizures( Mapp vs Ohio)

-Fourteenth Ammendment- Prohibits states from depriving any person of life, liberty, or property without due process of law( Roe vs Wade)

Explain the case of US vs Lopez(1995)

Alfonso Lopez who was a student in Texas brought a concealed handgun and bullets to school and was arrested and charged under federal law claiming that under the Gun-Free School Zones Act of 1990 it was a federal crime to possess a firearm in a school zone. The supreme overturned this in a 5-4 decision claiming that congress overstepped their Commerce Clause powers as possessing a firearm has nothing to do with economic activity

Explain the case of Obergefell vs Hodges(2015)

Obergefell and his partner, were legally married in ohio . When his partner died Ohio refused to list Obergefell as the surviving spouse because the state did not recognize same sex marriage which forced Obergefell to sue them and raised the legal question does the 14th Amendment protect same sex couples right to marry with the supreme court voting 5-4 on the side of Obergefell claiming that same sex couples have a legal right to marry under the constitution

What two parts are there to the 14 Amendment Clause

Due Process Clause: Protects fundamental liberties

Equal Protection Clause: Laws must not deny individuals equal protection under the law