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what are the principles of the US constitution
- limited government
- separation of powers
- checks and balances
- federalism
- bipartisanship
what are the features of the US constitution
- codified
- entrenched
- vague
what is the overriding principle of the US constitution
power should be shared between branches
What is limited government
a government that is restricted to the power it can exercise over its country or citizens
How is limited gov achieved in the US
through checks and balances in the constitution that prevents one branch gaining too much power over the others.
Why did the founding fathers want limited gov
they didn't want a federal gov with unlimited powers as this would challenge the powers of individual states.
They were also worried about individual freedoms being challenged.
How did the constitution limit the gov from infringing on individual freedoms
some states only agreed to join if the provision of a bill of rights was included.
what is separation of powers
the complete separation of the three branches of government: Congress (legislature), the presidency (executive) and the Supreme Court (judiciary). This includes separation of their powers, buildings and personnel
How does the constitution uphold separation of powers
each branch has a separate article in the constitution outlining its power.
What does Article I stipulate surrounding the separation of powers
forbids any one person from holding office in more than one branch at any time to prevent an individual from gaining too much power. This is known as the 'ineligibility clause.'.
what are checks and balances
each branch of the federal government should be given the power to oversee the actions of other branches
What did james Madison say about checks and balances
'ambition must be made to counteract ambition'
what do checks and balances do
give each branch the power to oversee the actions of the other branches and even in some cases prevent the other branches from acting.
what was the aim of the Founding Fathers when creating a central gov
they wanted to defend the rights of the states but also recognised the need for a strong central government
what is federalism
a system of shared sovereignty where the federal government would have the authority over some aspects of political life while states would remain sovereign over others.
What does federalism allow for the states
the state's individual rights and cultures would be preserved.
what is bipartisanship
the ability of two or more parties to work together to achieve an outcome.
how is bipartisanship enforced in the constiution
supermajorities
why did the Founding Fathers include bipartisanship in the constitution
they wanted to ensure compromise. Branches are required to co operate to exercise their power.
give an example of a process requiring bipartisanship
the amendment process.
what does codified mean
written all in one document
why does the constitution being codified give it authority
the constitution itself is a key source of power. It gives the states and federal government its power and although has been amended the original document remains sovereign
why does the codified constitution gives judges power
it is judiciable. the judiciary can interpret actions and laws against the constitution and decide whether it is 'constitutional'
what does entrenched mean
a constitution that is protected from change through a legal process. For the US this is the two-stage amendment process.
what article outlines the amendment process
article V
How much change does the amendment process allow
the constitution can be changed in response to any emerging need but would not be so flexible that it could be changed frequently.
what are enumerated powers
powers that are specifically and explicitly written down in the US constitution
what are implied powers
Powers not specifically granted in the constitution but are assumed or implied from the wording of this document
give examples of enumerated powers
- the presidential veto, the pardon, appointing ambassadors and judges
- in article II the constitution outlines the President shall be Commander in Chief of the army and navy
give an example of implied powers
Following a memorandum from the Justice Department in 1947, the president is accepted as Commander in Chief of the US Air force, Marines and coast guard.
Others include to form a cabinet, sign executive orders.
How does the short length of the constitution impact its usefulness
it means it is often vague.
in article I what explicit power is given
Congress is given the power to "lay and collect Taxes, Duties, Imports and Excises."
Give an example of a vague clause outlining Congress power
in the 'necessary and proper clause' Congress is given the power to 'make all laws which shall be necessary and proper for carrying into execution the foregoing powers.'
How has the 'necessary and proper clause' impacted Congress' power
has allowed it to extend its power over time.
why has the specificity of the 2nd amendment been important
it gives the right to bear arms and has made it difficult to achieve meaningful gun control
Why is Article I more specific than Article II
In Article I the Founding Fathers wanted to prevent a strong executive by Congress explicit and specific powers to try to ensure it could not be usurped by the president.
why has Article II being less specific had unintended repurcussions
it has allowed this branch to expand considerably while Congress has found itself limited by its specific language allowing for little interpretation.
how does the constitution ensure bipartisanship
different elections and appointment systems for each branch make it difficult for any one faction to control all of the branches at any one time.
How does the amendment process ensure there is popular support for change
process requires a supermajority in both stages
what two stages are there in the amendment process
a proposal stage.
a ratification stage.
How are amendments most commonly passed
passed by a two-thirds vote in both Houses of Congress and ratified by three-quarters of state legislatures.
how many amendments have been proposed
approximately 12,000
how many amendments have passed successfully
27
How many other proposed amendments have made it past the first stage
6
give an example of an amendment proposed multiple times
between 1999 and 2018, a balanced budget amendment was proposed 134 times
Amendments 1-10
Bill of Rights including: right to bear arms, free speech, freedom from cruel and unusual punishment and rights of states
amendments 13-15
civil war amendments
amendment 16
allows congress to levy income tax
amendment 17
makes the senate elected, not appointed
18th amendment
Prohibited the manufacture, sale, and distribution of alcohol
19th amendment
expands voting rights
21st amendment
appeals the 18th amendment (banning alcohol)
22nd amendment
two term limit on president
25th amendment
allows VP to temporarily exercise presidential powers when necessary
what largely prevents amendments from being passed
the necessity of supermajorities. At both stages a supermajority of either two-thirds or three-quarters is needed.
how has the expansion of the US affected the amendment process
expanded culturally meaning there is immense variation in beliefs.
what are disadvantages of the formal amendment prcess
- difficulty in ensuring the constitution stays up to date
- outdated aspects of constitution remain
- ignoring minority interests
- power given to the supreme court
- tyranny of the minority
give an example of the difficulty in ensuring the constitution stays up to date
the equal rights amendment would have recognised the rights of men and women equally but only received the support of a 38th state in 2020, nearly 50 years after the amendment had been sent for state ratification and long after the approval deadline had passed.
describe how america has modernised since the creation of the constitution
its population is bigger, technology has developed and political and cultural ideas have moved on
How is America's modernisation reflected in the constitution
its amendments such as making the Senate an elected house
why does the constitution neglect minority interests
it requires supermajorities to pass an amendment. This means it is difficult for a minority to pose an amendment and bring about change to the constitution.
How has the Supreme Court had control over the constitution
the SC has a vast amount of power in interpreting the meaning of the constitution and has been able to alter and change it considerably
Why is the Supreme court having a lot of power controversial
because it is unelected and unaccountable to the people
How can SC decisions be overturned
with an amendment
How does the amendment process allow the tyranny of the minority to have control
the requirement of supermajorities means its possible for a minority of states or members of congress to prevent an amendment from pAAAINF.
describe an example of a popular amendment not passing.
The Equal Rights Amendment outlawing discrimination based on sex was supported by 35 states. The 15 states that didn't support it only accounted for 28% of the US population at the time.
What suggests that amendments have been passed when they shouldn't be
the 18th amendment forbidding the sale, manufacture and transport of alcohol was repealed by the 21st amendment 13 years later. This suggests that the process failed to prevent a short lived popular trend becoming an amendment.
what are the advantages of the amendment process
- broad support
- prevents short lived trends becoming an amendment
- protects US constitution and its principles
- prevents tyranny of large states or single parties
- few changes
- it works
Why is the necessity of broad support important for an amendment to pass
it means that an amendment definitely has the support of Americans. The US is made up of different political and cultural beliefs and the constitution should reflect as many of these as possible.
Why is preventing short lived trends becoming amendments important
increased party polarisation evident in US and Congress in recent years
why is the prohibition of alcohol mistake not a representation of a flawed amendment system
it is the only example of a mistake in the past 200 years suggesting for the most part the system works well
how does the amendment process limit the impact of larger states
the amendment process requires the approval of all the states and priority is not given to states with a larger population. This means the identity of smaller states are still protected.
how is the amendment process less subject to party politics
by requiring supermajorities at the proposal level a single party is prevented from dominating the amendment process
give an example of a party wanting to pass an amendment
the Republicans favoured the balanced budget amendment
why could it be argued that the amendment system works
it has allowed 27 amendments to pass and prevented unnecessary ones from becoming entrenched.
what amendment which could be considered necessary has not been passed
ones on campaign finance reform
why could it be suggested campaign finance reform is necessary
The 2020 presidential and congressional elections cost an estimated $14 billion challenging liberal democracy with money seeming to be crucial to success.
why could failing to repeal the 2nd amendment be considered negative
there has been popular demand for increased control as demonstrated by protests following the mass shootings in the USA
Why is not repealing the 2nd amendment potentially a good thing
in 2018 a Yougov poll suggested only one in five Americans wanted the 2nd amendment repealed
What does the failure to repeal the 2nd amendment suggest about the amendment process
it is effective, the high threshold for amendments mean that the US constitution closely reflects the will of its people.
what suggests the balanced budget amendment is popular
it has been proposed 134 times since 1999 to try to ensure the US gov only spends what it earns in taxes.
What suggests the balanced budget amendment is based on party politics
of the 134 times it has been proposed, on 114 of these occasions a Republican has been the lead sponsor suggesting it is a party political issue.
Give an example of an outdates aspect of the US constitution
the Electoral college system has twice returned a different winner to the popular vote.
Why is the electoral college no longer important
the founding fathers intended this to be a guard against popular democracy but in the 21sr century this undermines the principles of a liberal democracy
Give examples of how the court has made rulings that are somewhat political
in 2021 alone the court ruled to uphold Obamacare, protect free speech of students, allow non-disclosure of donors to non-profit organisations, and upheld changes to voting legislation in Arizona
how have states developed their powers over time example
Biden 2021: states introduced greater restrictions on abortion.
In response to COVID-19 states had its own response including vaccine rules, mask rules and lockdown.
how did Obama introduce legislation allowing state control
Obamacare included the power of provision over medical care being run by the states themselves
Give an example of the development of federal powers
USA patriot act 2001 - expanded right of federal gov to detain people and collect info about them
how did Covid increase federal powers
there was a national covid response including attempting to pass a vaccine mandate
describe how Biden wasn't limited by checks and balances
in Biden's first 100 days he passed 64 executive orders, 24 of which directly reversed executive order of Trump, including expanding refugee admissions to the US
what suggests that bipartisanship hasn't been working
Federal gov shutdown for 35 days between 2018-19 because Congress passed an appropriations act without funding for the US border wall. Trump refused to sign the bill.
How has bipartisanship been in recent years
been a breakdown since the 1980s
what amendment upholds state power
the 10th amendment stipulates that any powers not given to federal gov are reserved for the states.
Give an example how the president has not been limited
despite Biden recognising his eviction moratorium during the COVID 19 pandemic was likely to be unconstitutional he did it anyway - trying to act beyond powers.
what checks does congress have on the president
- legislation
- veto override
- power of the purse
- declaration of war
- impeachment
- ratification of treaties
- ratification of appointments
How does Congress' legislative power limit the president
decide what legislation of president's to accept from the State of the Union address. Can create, amend, delay and reject legislation
give an example of how congress has used its legislative power to limit the President
- Congress continually refused to fund Trump's plans for a border wall despite his campaign pledges
- Biden struggled to pass his Build Back Better agenda
What does Congress need to pass a veto override
a two-thirds majority in both houses
describe how common the veto override is
not commonly used as it requires both parties to support it
How many of George W. Bush's vetoes were overriden
of his 12 vetoes, 4 were overriden
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