us constitution evidence

COMPLETE

examples of SC limiting executive power

• trump v hawaii 2018, court actively arbitrates limits on executive power

• biden v nebraska 2023 struck down biden’s student loan forgiveness under HEROES act, reaffirming limits on executive overreach

congress restraining president

trump impeached twice (2019 and 2021), showing legislative oversight, and senate rejected trump’s repeal of ACA in 2017

evidence imperial presidency persists

• trump declared a national emergency in 2019 to fund the border wall after congress refused

• trump signed 225 executive orders in 2025

• 1973 war powers resolution largely ignored - US military action in libya in 2011 without congressional authorisation

bipartisan legislation

• 2021 infrastructure investment and jobs act had republican support

• 2022 electoral count reform act passed bipartisan to prevent another jan 6th crisis

evidence against bipartisanship

• severe gridlock and federal gov shutdowns

• polarisation in congress

what did pew research say in 2020 about polarisation in congress?

ideological gap between parties is largest in modern history

federal government shutdowns

2013 obama-republican congress, 2018-19 trump (35 days)

senate scrutiny of appointments

rejection of merrick garland in 2016, confirmation hearings increasingly rigorous eg kavanaugh

judicial review of legislation

shelby county v holder 2013 struck down part of voting rights act

checks used for partisan advantage

impeachment increasingly partisan, eg trump acquitted twice along party lines

ineffective scrutiny shown by treaties bypassed

paris climate agreement initially entered via executive agreement, exited by trump in 2017

cases that show separation of powers

• west virginia v EPA 2022 limited executive agency power

• united states v windsor 2013 struck down DOMA

evidence to show separation of powers are not so effective

• executive agreements vastly outnumber treaties

• congress hasn’t declared war since 1941 but presidents led wars in iraq 2003 and Afghanistan 2001

evidence federalism is effective

• 2022 dobbs v jackson

• education policy largely state controlled (curriculum, funding priorities)

federalism can be ineffective as SC often backs federal gov

• arizona v united states 2012- immigration federal power

• 2012 ACA cases upheld federal healthcare framework

expansion of rights under interpretation of 9th amendment

obergefell v hodges 2015

courts still protect enumerated rights

ny state rifle v bruen 2022 reaffirmed 2nd amendment

expansion of commerce clause

heart of atlanta motel 1964 enabled federal civil rights enforcement

rights are now more dependent on court composition

dobbs reversed roe, reducing national rights protection, and court has allowed state-level anti-trans legislation after 2022

frequency of house elections

every 2 years- high accountability

turnout of 2020 general election

66%, highest since 1900

permanent campaigning

house incumbents spend 30-40% of time fundraising

campaign finance failure

citizens united v FEC 2010 overturned limits

universal adult suffrage

1965 voting rights act, 26th amendment guarantees youth suffrage

universal adult suffrage weakened

shelby county v holder 2013 weakened VRA and stricter voter ID laws in texas and georgia

electoral college benefits

• protects smaller states

• forces coalition building across states

electoral college costs

• popular vote loser won in 2000 and 2016

• winner-takes-all exaggerates power of swing states

tenure of SC justices

lifetime- ensures independence

politicisation of SC

• 7-2 conservative supermajority

• public trust fell below 50% in 2022

when was the last constitutional amendment

ratified in 1992 but proposed in 1789 (27th)

equal rights amendment

proposed in 1923, passed by congress in 1972 but state legislatures did not ratify

how the federal system has evolved

dual to cooperative to new federalism

event showing state autonomy

covid- lockdowns, mandates etc

federalism being ineffective

• federal dominance in crises eg covid funding and vaccine policy

• increased federal grants with conditions

role of state gov

education, policing, abortion (after dobbs), marijuana legislation

minimal role of state gov

national standards undermine state autonomy and federal intervention during crises eg obama stimulus and CARES act

states’ rights

tea party movement post 2009, conservative state resistance to federal mandates

limited states’ rights

ACA cases largely upheld federal authority and immigration firmly federal (arizona vs USA)

flexibility of constitution

• constitution is vague

• cooperative federalism enables flexibility

presidential and congressional policy

new federalism limited success and bush’s signing statements (over 750) bypassed congress

article v

proposal to amend requires 2/3 of congress or 2/3 of states and ratification requires ¾ of states

amendments to the constitution

27 in 236 years

26th amendment in 1971

lowered voting age to 18, ratified in only 100 days

judicial interpretation modernising constitution without formal amendment

brown v board of education 1954 and 2015 obergefell v hodges reinterpreted 14th amendment

amendments protect democracy and rights

15th amendment 1870 race, 19th amendment 1920 gender

judges enforce the constitution but can be overriden

dred scott v sandford overturned by 13th and 14th amendments, pollock v farmers’ loan overturned by 16th amendment

entrenched constitution protects outdated systems

electoral college still used despite popular vote loser winning in 2000 and 2016, equal senate representation

equal senate representation

california has 39 million, wyoming 580,000 but both get 2 senators

amendments proposed and ratified

11,000 but only 27 ratified - 0.2% success rate

equal rights amendment popularity

it had support from over 60% of americans

public trust in SC in 2022

47%

impeachment of justices

house majority and 2/3 of senate needed, only 1 justice ever impeached, in 1805

multiple separately elected institutions enhance democracy

• president

• house

• senate

• state governors and legislatures

split ticket voting

in 2020 biden won presidency but republicans gained house seats

states with winner takes all system

48

by how much did trump lose the popular vote in 2016?

2.9 million

by 2040, how many americans will be represented by only 30% of senators?

70%

percentage of safe seats in the house

over 90%

2022 house elections

98% of incumbents re-elected

third parties marginalised

rarely exceed 5% of national vote