3.1 US Constitution

codified so

authoritative, entrenched, judicable

1-4

Key Institutions

5

Amendment Process

6

Supremacy Clause

7

ratification process

1

freedom of religion expression + speech

2

right to bear arms to form a a militia

5

due process

8

cruel and unusual punishment

10

state powers reserved

13

abolished slavery (civil war)

14

equality

15

voting rights

16

federal income

19

womens vote

nature of constitution

codified: entrenched, authoritative + judiciable

separation of powers outlined

Bill of Rights 1791

outlined state + fed powers

16th

1913

right to levy federal income tax

19th

1920

womens’ vote

enumerated Congress powers

tax

borrowing

commerce

currency

war

Congress implied powers

elastic clause

interstate commerce

President enumerated powers

head

nominations

proposals

vetos

pardons

war

P implied powers

Commander in Chief

SCOTUS implied power

judicial review

Elastic Clause

‘necessary + proper’

Article I Section VIII

expansion of state power

McMulloch v Maryland

1819

established a federal bank due to elastic clause

vagueness of elastic clause

could fail to regulate political practice e.g. Obergefell was a stretch of court power

imperial SCOTUS e.g. interpreting 8th to allow death penalty

partisanship + divisions

Amendment Process

2/3 National convention/Congress propose

3/4 state legislatures/state conventions ratify

prioritises state power

DC Voting Rights 1985 progress

proposed + not ratified

Flag Protection Act

Attempt to overturn US v Eichman 1990

failed Senate proposal

Voting Rights Amendment

response to Shelby v Holder

didn’t reach senate

Saving American Democracy Amendment

Sanders 2011 proposal

overturn CU v FEC 2010

didn’t reach House

Advantages of Formal process

protects principles

prevents abuse of power (but Clinton + GWB line-item veto)

deliberation

Disadvantages of Formal Process

outdated e.g. ECV

no new ideas e.g. Equal Rights 1982 failured

undemocratic: 13/50 states is a minority

SCOTUS imperialism

Citizens United v FEC 2010

overturned Bipartisan Campaign Reform Act

bypassed elected branches

principles of US Constitution

federalism

separation of powers

limited gov

bipartisanship

checks + balances

Congressional powers

override veto

refuse appointments

impeach

Executive powers

veto

proposals

special Congressional sessions

nominations

pardons

Judicial powers

judicial review

declare institutions unconstitutional

life tenure

separation of powers examples

Obama gave up Senate seat 2008

Jeff Sessions gave up Sen for A-G 2017

bipartisanship

Madison’s Federalist 51

John Adams’ ‘political evil’

inapplicable to today’s polarisation

causes weak government: debate of party or constitution fault

John Adams Bipartisan quote

‘a division of the republic into two great parties… is to be dreaded as the greatest political evil under our Constitution’

Madison’s Federalist 51

‘ambition must be made to counteract ambition’

referral to branches of government

Bipartisan history

Civil Rights Act: minority leader endorsement ended longest filibuster

McCain-Feingold Act 2002

Truman’s SCOTUS appointment

Lincoln’s ‘Cabinet of Rivals’

Bipartisan Infrastructure Bill 2021

shows that bipartisanship is possible in modern context

JOBs Act

bipartisan deal encouraging entrepreneurialism

reduction of fed regs shows limited gov

nature of federalism

state powers are constitutionally protected; shared sovereignty

state powers are equal

original roles of fed and states

states: domestic + econ policy

fed gov: foreign policy + security

changes in federal/state relationship

erosion of state power

interdependence

fed provides resources + criteria

Roosevelt’s New Deal

1929

response to economic crash

expanded federal control

federal grants with criteria example

Race to the Top 2009

$4.3b awarded to states who met 20 educational set goals

federal mandates

laws forcing states to comply

generate conflict

regulated by SCOTUS e.g. Shelby

federal opposition to state law

Obama bullied NC in protecting tans rights by threatening to withhold federal education funding

power dependent on ideologies of branches

commerce clause, fed power + marijuana case study

debate if California had the powers to legalise marijuana due to its effect on interstate commerce

Gonzales v Raich 2005

what does gov inaction on enforcing marijuana say

policy popularity determines fed power

precedent for other states e.g. Colorado

varying levels of legalisation demonstrates regional differences + modern federalism

dual federalism

equal and separate local state and federal governance

traditional + historical

cooperative federalism

expansion in size and scope post 1929

increased executive departments e.g. Defence 1949

interdependent governance

what factor affects the model of federalism employed

Liberal Presidents lean towards big gov

Liberal SCOTUS employs judicial activism e.g. Obergefell + Brown v BOE

How far does the Constitution maximise the power of the people (extent of democracy)

elections

• frequent due to federalism + states + cycles (all constitutionally outlined)

• issue of ECV, winner takes all, Shelby (so ability for SCOTUS to prioritise state over individual)

separation of powers + checks + balances

• maximises individual freedom through limited government

• avoiding tyranny + excess

• gridlock + inc. bipartisanship has caused 2 party system to be less representative of the plurality of opinions

• 2012: Obama elected to deliver immigration reform; blocked by John Boehner

protection of rights

• SCOTUS willing + able (judicial review + activism)

• Bill of rights + 14 give legal protection + individual freedom

• Shelby + Lopez cases suggest states prioritised over individual

question dependent on what type of democracy is being upheld

types of democracy

Majoritarian: upheld by US elections + winner takes all

Pluralist: US rife with interest groups + based on compromise

increasing polarisation + bipartisanship has led to a clearer divide in policy + more majoritarian rule

Liberals v conservatives

Liberals

• open to change

• interests of the many

• Saving America Amendment + limited banking reform post 2008 show stagnant democracy

Conservatives:

• fiar system of equal democratic rights

• voting

  • freedom of speech

positive impact of constitution

representative government (elections c+b)

adaptable through vagueness

protected states

considered amendment process

compromise through c+b

protection of civil liberties

negative impact of constitution

ECV elitism

loopholes from vagueness

dominant fed gov

amendment scarcity shows unresponsive gov

gridlock

imperial judiciary