2-The US Constitution

Checks from the Congress

Passes Laws
Power of the Purse
Declarations of War- since WWII become more president
Congressional Hearings and Investigations
Executive Appointment Hearings ‘advice and consent powers’- have to ratify members of federal bureaucracy
Power of Impeachment- Trump 2x
Veto Override

Checks from the executive

Presidential veto
Commands armed forces in military action
Use of Executive Orders
Executive appointments e.g. Judge

Checks by Supreme Court

Rules whether laws are unconstitutional
Determines whether executive actions are unconstitutional
Brought in to prevent government being too tyrannical.

6 basic principles of American Democracy

Popular sovereignty
Limited government
Separation of Powers
Checks and Balances
Judicial review
Federalism- difference of power between national and state governments

Congress’ enumerated powers

Legislative power- the power to make laws
Amend the constitution (with state agreement)
Declare War
Collection of taxes and borrowing money
Regulation of international and interstate commerce
Other enumerated powers given to 1 chamber only

President’s enumerated powers

Head of the executive branch
Propose measures to Congress
Veto legislation
Grant pardons
Commander in chief

Supreme Court’s enumerated powers

Rule on all cases arising under the Constitution, the laws of the US and treaties

Congress’ implied powers

The necessary and proper clause
The use made of the commerce clause

President’s implied powers

The use of executive orders
The use of the commander in chief clause

Supreme Court’s implied powers

The power of judicial review in having the ability to overturn other bodies including the president and Congress

Commander in Chief

relationship between enumerated and implied powers
Constitution- Article 2, Section 2 that ‘President shall be Commander in Chief of the Army and Navy of the US, and of the militia of the several states, when called into the actual service of the US’
Also states that Congress has the power to declare war
Wording suggests that the president can act as CIC only when Congress calls military into war

The necessary and proper clause

Art. 1- allows Congress to pass any laws that is ‘necessary and proper' in carrying out their enumerated powers. Clause states that Congress can pass any law in relation

What is Article 1 of US Constitution about?

Congress

What is Article 2 of US Constitution about?

Presidency

What is Article 3 of US Constitution about?

Supreme Court

What is Article 4 of US Constitution about?

States and Federalism

What is Article 5 of US Constitution about?

Amendment Process

What is Article 6 of US Constitution about?

The supremacy of the constitution

What is Article 7 of US Constitution about?

The ratification of the Constitution

What is Amendment 1 of US Constitution about?

Freedom of speech and freedom of religion

What is Amendment 2 of US Constitution about?

The right to bear arms

What is Amendment 5 of US Constitution about?

The right to a fair trial

What is Amendment 8 of US Constitution about?

Freedom from cruel and unusual punishment

What is Amendment 10 of US Constitution about?

Reserved powers of the States

What is Amendment 14 of US Constitution about?

Equal treatment, preventing racial discrimination

What is Amendment 19 of US Constitution about?

The right of women to vote

What is Amendment 22 of US Constitution about?

Term limits for presidents

What is Amendment 25 of US Constitution about?

Temporary succession of the vice president to the presidency

Enumerated powers of Congress

Legislative power- the power to make laws
Amend the Constitution (with state agreement)
Declare War
Collection of taxes and borrowing money
Regulation of international and inter-state commerce
Other enumerated powers given to one chamber only

Enumerated powers of President

Head of the executive branch
Propose measures to Congress
Veto legislation
Grant pardons
Commander in Chief

Enumerated powers of Supreme Court

Rule on all cases arising under the Constitution, the laws of the US and treaties

Implied powers of Congress

The necessary and proper clause
The use made of the commerce clause

Implied powers of President

The use of executive orders
The use of the commander in chief clause

Implied powers of Supreme Court

The power of judicial review in having the ability to overturn other bodies including the president and Congress

What checks and balances does the legislative have

Legislative=Congress
Can reject presidential proposals for law. Can impeach and remove a president
Senate can ratify or reject nominations to the court Congress. Can amend the constitutional rules

What checks and balances does the judiciary have

Judiciary=Supreme Court
Can overturn actions of the president which are unconstitutional
Can overturn Act of Congress which are unconstitutional

Give an example of vagueness in the Constitution

Article I, Section 8 – Congress can make all laws “necessary and proper”; “to provide for the common defence and general welfare”.

What was the significance of McCulloch v. Maryland (1816)?

It established the idea of implied powers through the "necessary and proper" clause.

How was the Commerce Clause used in the 1964 Civil Rights Act?

It justified ending racial segregation in hotels (Heart of Atlanta Motel v. US).

What happened in US v. Lopez (1995)?

The Supreme Court ruled the Gun-Free School Zones Act unconstitutional as it exceeded Congress' powers under the Commerce Clause.

Give examples of specific powers in the Constitution.

Power to collect taxes, name post offices (Article I).

What are the advantages of the formal amendment process?

• Protects small states (¾ state ratification required)

• Prevents knee-jerk or populist amendments

• Prevents abuse of power

• Encouraged by Founding Fathers (deliberate difficulty)

What are the disadvantages of the formal amendment process?

• Smaller states overrepresented (Wyoming vs. California)

• Hard to modernise (e.g. Equal Rights Amendment)

• Can be undemocratic (13 states can block change)

Give an example of bipartisanship in recent legislation.

Electoral Reform Act 2022, $95bn foreign aid package 2024, override of Trump’s NDAA veto (2021).

Give an example of a failure of bipartisanship.

2018-19 government shutdown over Trump’s wall funding.

Give an example of checks and balances in action.

Senate blocked Obama’s SCOTUS nominee Merrick Garland.

How can the Supreme Court check other branches?

Judicial review, e.g. Citizens United v. FEC (2010) overturning campaign finance law.

Where is federalism found in the Constitution?

Implied in Article IV, explicit in 10th Amendment, and enumerated powers.

Name 3 concurrent powers.

Levy taxes, establish courts, define crimes.

Name 3 national powers.

Coin money, declare war, regulate foreign trade.

Name 3 state powers.

Conduct elections, regulate alcohol, establish local governments.

How does federalism support representation?

State policy allows local representation, even when national vote differs (e.g. Republican governors in Democrat-voting states).

How do grants affect federalism?

Conditions on grants can restrict state autonomy (e.g. Real ID Act 2005).

Give a court case showing state powers over elections.

Shelby County v. Holder (2013) – struck down preclearance.

Give an example of decentralised policy differences.

Colorado legalised cannabis; Kansas did not.

How did Roe v. Wade being overturned impact federalism?

Gave states power to independently regulate abortion laws.

Example of Congress checking presidential powers – 2025 spending bill

President Trump's proposed “One Big Beautiful Bill” faced opposition in the Senate, including from Republicans like Ron Johnson and Rand Paul, due to concerns about adding $3.1 trillion to the deficit. This shows Congress exercising its checks and balances powers to scrutinise and potentially block presidential initiatives, as outlined in Article I.

Judiciary defending separation of powers – federal judges and security

Due to increasing threats and politicisation of federal protections, federal judges considered creating their own armed security force, separate from the U.S. Marshals under the DOJ. This reinforces the judiciary’s independence and its constitutional right to remain separate from the executive, under Article III.

Federalism & judicial check – 2025 federal funding freeze blocked

A federal judge in Rhode Island blocked the Trump administration’s attempt to freeze federal grants, stating the executive overstepped its authority. This is a clear example of the judiciary checking the executive, and states using the courts to defend their rights under federalism and the separation of powers.

Congress reasserting trade power – Trade Review Act 2025

In response to presidential tariffs, Congress introduced the Trade Review Act, requiring the president to notify Congress of tariffs and gain approval after 60 days. This reflects Congress reclaiming power over commerce (an enumerated power in Article I) and challenging excessive executive control.

Judicial review – Supreme Court ruling on TikTok ban

In TikTok v. Garland, the Supreme Court upheld a law requiring TikTok’s divestment from ByteDance. The court ruled it did not violate the First Amendment, prioritising national security. This illustrates the Court’s power of judicial review and balancing constitutional rights with security, under Article III.

Federalism challenge – federal override of state AI laws

The “One Big Beautiful Bill” proposed a 10-year freeze on state AI regulations, potentially overriding over 60 existing state laws. This raises concerns over state autonomy vs. federal preemption, testing the principle of federalism (especially as defined in Amendment 10 and Article IV).

Checks on executive foreign policy – NATO Edge Act

The NATO Edge Act, backed by Democrats and Republicans, would block presidents from withdrawing from NATO without congressional approval. This reflects Congress asserting its foreign policy role, supporting checks and balances and the need for democratic consensus in international agreements.