AQA A-level US Politics Constitution

What is a codified constitution?

A constitution that consists of a full and authoritative set of rules and written down in a single text

Supremacy clause

The proportion of Article 6 which states that the constitution as well as treaties and federal laws 'shall be the supreme law of the land'

Enumerated powers

Powers are delegated to the federal govt under the constitution

Implied powers

Powers possessed by the federal govt by interference from those powers delegated to it in the constitution

Necessary and power clause

Final clause of Article 1 Section 8 which empowers Congress to make all laws 'necessary and proper' to carry out federal duties

Reserved powers

Powers not delegated to the federal govt or prohibited by it to the states are reserved to the states and to the people

Concurrent powers

Powers possessed by both the federal and state govts

Entrenchment

The application of extra legal safeguards to a constitutional provision to make it more difficult to amend or abolish it

Examples of the vagueness of the constitution

1) General welfare clause. (affordable health care and health care reform act justified under this)

2) Necessary and proper clause. (roosevelts New Deal)

However this could be done on purpose by the Founding Fathers to allow flexibility and ability to change to the times

What is meant by the 'Doctrine of The Separation of Powers?'

A theory of government whereby power is distributed among three branches of government- The legislature, Judiciary and Executive- all acting independently and interdependently (checks&Balances)

What is meant by 'Limited Government'

The size and scope of government should be limited to that which is neccesary for the common good of the people.

'Government is best which governs least'-Thomas Jefferson.

What is the meaning of checks and balances?

Each branch exercises control over the actions of the other branches of government.

3 Checks by the Legislature on the Executive

1) Amend/delay/reject the presidents legislation. Eg/Delay and amendments to Obama Care

2)Override the presidents veto. Eg/ 7 of nixons vetoes were overridden(incl war powers act of '73) Not always successful, Obama's veto of H.J Res 64-appropriations for fiscal year 2010 was not overridden.

3)Senate has the power to confirm/reject nominations for judicial and executive positions. Eg/ Solicitor General Donald B Verelli. Withdrawal of Harriet Miers Nom by Bush.

3 Check by the Legislature of the Judiciary

1)Senates power to confirm appointments. eg/ Sotomayor and Kagan, obama would not have been confirmed if they were too extreme politically.

2)Initiate constitutional amendments. eg/ 27th amendment 1992-preventing laws effecting congressional salaries from taking effect until the next session of congress. eg/Possible changes to gun rights to allow for gun control.

3)Impeachment trial and conviction from office for any member of the judiciary. Eg/1802 Samuel Chase was the only justice to be impeached. But constant threat of removal from office through impeachment.

3 Checks by the Executive on the Legislature.

1) Recommend legislation. Eg/Obamacare, Violence against women reauthorisation act(2013)

2)Veto Legislation. Bush-stem cell research.Obama-H.j Res 64 appropriations for fiscal year 2010.

3)call congress into special session. truman 1948-expanding New deal legislation. Obama-Fiscal cliff new year 2012/3

2 Checks by the executive on the judiciary

1)Appointment of Judges. Obama/Sotomayor and Kagan

2)Grant Pardons. Eg/ Bill Clinton, Cocaine smuggler Carlos Vignali. Eg/Obama 16 Pardons incl James BErnard Banks-Illegal possession of government property.

Check by the judiciary on the legislature

1) Judicial Review. Section 127 of the food and drug administeration modernisation act of nov 21. 1997.

-watchtower bible and tract society v Village of Stratton, Ohio '02-unconstitutional to require door-to-door canvassers to have a permit.

Check by the judiciary on the executive

1)Judicial Review.

-Obama bypassing congress to make appointments to labor relations pannel.

What is meant by decentralisation (of government)

-the principle by which government and political power are vested not only in the federal government but also in the state governments.

What are states rights?

The rights, powers and duties of the state governments.

-often used to denote opposition to increasing power and size of the federal government.

What is Federalism?

-Theory of government by which political power is divided between the federal government and the states.

-Each having there own areas of substantive jurisdiction.

-Not a fixed concept.

Why did GW Bush expand the role of the federal government? (5)

1)Iraq War

2)Homeland Security issues (9/11)

3)No Child Left Behind 2001

4) Wall street crash and having to bail them out, banking collapse 2008

5)Expansion of Medicare (disabled and the elderly, NOT MEDICAID)

Federalism under Obama (4)

1)The ratio of state and local government employees to federal employees is the highest since before Roosevelt's New Deal 1930's

2)Federal government assistance to the states increased by 0.9% from 3.7% 2008 to 4.6% of GDP in 2009

3)Money from the Fed Govt accounted for 30% of government state government spending in 2009 (up 5% from 2008)

4)$246 billion of the $787 billion dollar 2009 stimulus package went to or through the states (1/3) Under bush just $20 billion went to the states.

Reasons for increase in federal gov money to the states under obama (4)

1) Reauthorisation of the State Children's Health Insurance Programme (SCHIP 2009)

2)the expansion of MedicAID under Obama's Health Care Reform legislation

3) Higher education expenditure. (Pell Grants 2009)

4)$4.35 billion invested in race to the top programme to boost education in the states.

What Piece of Legislation led Republicans to claim that Obama had presided over the 'end of federalism'?

Health Care Reform Legislation

Consequences of Federalism (4)

1) Variation is state laws concerning matters such as the age to drive a car

2)Variation in penalties from breaking the law

3) Complexity of the american legal system (state and national courts)

4)Each states not only has it's own laws and courts but it's own constitution.

What do the 1st 3 articles of the constitution talk about?

1-The legislature. Section 8-Powers of congress.

2-The executive. Section2 -Powers of the President.

3-The judiciary.

What is the Bill of Rights

1st 10 amendments.

1)Freedom of religion, speech and press, 2)The right to bear arms, 3)Right to property 4) to be free from unreasonable searches. 5)Rights of the accused person (double jeopardy, due process) 6) Right to a fair trial 7)Trial by Jury. 8) No cruel/unusual punishment. 9)Citizens hold any rights not in the constitution. 10) Rights reserved to the states and the people.

Subsequent Amendments (6)

14th- 'equal protection' and 'due process' applied to all states. (Blacks, slavery..)

16th- Congress given power to tax income

17th- Direct election of senators

18th-Prohibition of Alcohol (repealed by the 21st amendment)

22nd- Two-term limit for pres

25th- Presidential disability and succession.

How can constitutional amendments be proposed?

1)National Constitutional Convention. At the request of 2/3 of states-never been used.

2)Can be proposed by congress, a 2/3 majority is required in both houses.

How are amendments ratified?

1) Agreement of 3/4s of the states

2) state Constitutional Conventions held by 3/4 states who then vote to ratify - only been used once, the 21st in the repeal of the 18th amendment prohibiting alcohol

4 Proposals for amendments that failed.

1) 1972 guarantee equal rights for women. Only got 35 out of the 38 states necessary to ratify.

2)Require the government to pass a balanced budget

3)Impose term limits on members of congress

4)Forbid the desecration of the American Flag. (Texas v Johnson 1989-unconstitutional to ban the burning of flag)

Why have there been so few amendments?

1) Deliberately difficult process

2) vagueness of the constitution- allows evolution. (civil rights, plessy V Ferguson, Brown V Board)

3)SC power of Judicial review-meaning changes though words don't (civil rights, plessy V Ferguson, Brown V Board)

4)18th amendment repealed 14 years later so people are now cautious to tamper with it

5)The separation of powers and the checks and balance inhibits cooperation between the branches

6)States have constitutions which are far easier to change of which they do frequently like Georgia's constitution has been rewritten 10 times

What are constitutional rights?

-The fundamental rights guaranteed in the constitution.

-Principally in the Bill of Rights.

-The judiciary due to the power of judicial review help protect them and further rights as society evolves

Role of Congress is Facilitating Constitutional rights.

-Pass Laws

- Through the power of oversight. The investigative function of the Committee system.

3 Examples when the SC didn't safe guard constitutional rights.

1) Dred Scott V Sandford 1857. Black are not citizens.Don't have the rights of citizens. (hence the 14th amendment in 1868)

2)Plessy v Ferguson 1896. Separate but Equal

3)Dc v Heller- failure to protect citizens from gun violence. US v Lopez- not protecting students from gun violence.

They protect the view of the majority of the time therefore minorities will not be and so will carry on being discriminated against

5 Examples of the SC safeguarding constitutional rights.

1) Roe V Wade

2) Miranda V Arizona. (Right to remain silent, Miranda Rights-5th amendment)

3)Gideon V Wainright. (right to legal representation under the 14th amendment)

4)Brown V Board

5) Dc V Heller- 2nd

2 Examples of the SC backtracking on previous ruling.

1) Gratz V Bollinger- uni of Michigan unconstitutional aff act. (2003)

2)Gonzales V Carhart- banning certain abortion procedures in 2007, despite upholding them in 2000.

how is there a clear separation of powers in practice

people cannot be members of more than one branch of government at a time

Example of congress overriding president

2008 GW Bush vetoed Medicare Improvements for Patients and Providers Act of 2008, but House of Representatives voted 383-41 and Senate voted 70-26 so overturned veto & bill passed

power over treaties

Power is divided in making treaties, presidents negotiate the treaties but they need a 2/3 majority from senate to pass

This power can now be circumvented through sole executive agreements like NAFTA 2003

power over war

War powers divided between congress & president, congress declares war but president is commander in chief of armed forces

However this can be circumvented as the last time congress declared war was in 1941 with Japan bu there have been many wars since

example of congress using purse strings as check

1974 Foreign Assistance Act cut all military funding for the government of South Vietnam, ending the Vietnam war

procedure with president proposing legislation

President: proposes a bill & pressures congress → Congress: must pass bill in both chambers → President: must sign the bill (so president has veto) → congress can override veto with a 2/3 vote (super majority)