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the US constitution

KEY PRINCIPLES

  • federalism

  • separation of powers

  • checks and balances

  • bipartisanship

  • limited government

FEDERALISM

Definitions:

  • Federalism: “system in which sovereignty is shared between a central government (federal government) and individual states, with each having their own specific rights” (page 333 of Pearson)

  • Federal: “having or relating to a system of government in which several states form a unity but remain independent in internal affairs” and “relating to or denoting the central government as distinguished from the separate states constituting a federation” (Oxford English Dictionary)

A TWO POWER SYSTEM

  • US Citizens are ruled by two governments, the federal and the state

  • Some policies are made at federal level and other decisions made by state governments. For example, states decide whether or not to have the death penalty and, if so, what nature that takes

  • States are smaller versions of federal. They each have an executive (Governor), legislature (State Congress) and their own Supreme Court

  • States are subject to constitutional rules but maintain a high degree of control over its own affairs

SEPARATION OF POWERS

Definitions:

  • “A theory of government whereby political power is distributed among the legislature, the executive and the judiciary, each acting independently and interdependently” (Bennett, page 27)

  • “Where the three bodies of government each have their own powers, personnel and buildings. The principle behind the separation of powers ensures that a system of checks and balances prevent too much power residing with any one body” (Pearson, page 334)

POWER SHARING

  • A guiding principle for the Founding Fathers was preventing any one politician or institution of dominating the political process

  • Power is spread between President, Congress and Supreme Court

  • No one is allowed in more than one branch at a time, for example, Obama had to relinquish his Senate seat when he became president

CHECKS AND BALANCES

Definitions:

  • “The division of power between the three branches of government, where each branch has a direct ability to prevent action from another branch” (Pearson, page 334)

  • “A system of government that gives each branch the means to partially control the power exercised by the other branches” (Bennett, page 28)

HOW THE PRESIDENT CAN CHECK

The President can:

  • Check Congress by vetoing a bill it has passed

  • Check the federal courts by nominating judges and the power of pardon

PRESIDENTIAL CHECKS EXAMPLES

  • Obama made two appointments to the Supreme Court – Sonia Sotomayor and Elena Kagan – both liberal in outlook.

  • Trump elected 3 – all conservative in outlook.

  • President Ford pardoned his predecessor Nixon

  • Clinton pardoned 140 people

  • Obama pardoned 142 people in his last three weeks in office!

CONGRESS CHECKS ON PRESIDENT

Can check the President by:

  • Amending/delaying/rejecting the president’s legislative proposals

  • Override the president’s veto

  • The power of the purse

  • Refusing to approve the president’s appointments (Senate only)

  • Refusing to ratify the president’s treaties (Senate only)

  • Use the impeachment and trial powers to remove the president

EXAMPLES

  • Obama: Congress passed his healthcare reform bill (dubbed Obamacare) but significantly amended. They also blocked his reforms on immigration and gun control

  • George W Bush: Congress can veto the president’s veto! They did this 4 times to Dubya!

  • Although president is ‘commander-in-chief’, Congress had forced president to seek specific authorisation before committing troops

  • Senate has power to confirm appointments president makes to executive and judiciary. Delayed Obama’s third pic for SC, delayed until Trump took over.

  • Congress has power to investigate executive and even to impeach. Johnson (1868), Clinton (1998) and Nixon impeached (first two survived, Nixon resigned). Trump impeached twice.

CONGRESS CHECKS ON JUDICIARY

  • Congress can check courts by:

  • Proposing constitutional amendments to overturn a judicial decision

  • Refuse to approve a person nominated to the federal courts (Senate only)

EXAMPLES

  • Congress removed 3 judges from office between 1986 and 1989. Harry Claiborne for tax evasion, Alcee Hastings for bribery and Walter Nixon for perjury

  • Congress can also suggest amendments following a SC decision that is controversial. Unlikely to succeed, however

JUDICIAL CHECKS

federal courts can:

  • Check Congress by declaring a law unconstitutional

  • Check president by declaring their actions – or the actions of any president’s subordinates – unconstitutional

EXAMPLES

  • United States v Richard Nixon (1974) – SC ordered Nixon to hand over his White House tapes. He resigned 16 days later

  • Hamdan v Rumsfeld (2006) – SC declared military commissions set up to try suspected members of Al Qaeda being held at Guantanamo Bay unconstitutional

  • State of Washington v Donald J Trump (2017) – federal courts placed restraining order on Trump’s executive order banning seven Muslim-majority countries from entering US

BIPARTISANSHIP

Definitions:

  • “Close cooperation between the two major parties to achieve desired political goals. In the US system it may be crucial for political success” (Bennett, page 35)

  • “Attempts within the structure of the US Congress to try to ensure that the two main parties must work together in order to fulfil congressional functions” (Pearson, page 335)

DIVIDED GOVERNMENT?

  • Sometimes bipartisanship can lead to delay + deadlock

  • Divided government definition: “when the presidency is controlled by one party, and one or both houses of Congress are controlled by the other party” (Bennett, page 35)

  • However, if same party controls executive + legislative are necessary checks and balances being carried out? Is oversight function of Congress lacking?

LIMITED GOVERNMENT

Definitions:

  • “the role of government is limited by checks and balances, and a separation of powers, as a bulwark against corruption” (Pearson, page 336)

  • “a principle that the scope of the federal government should be limited to that which is necessary for the common good of the people” (Bennett. Page 36)

LIMITED GOVERNMENT VERSUS POPULAR SOVEREIGNTY

  • John Locke argued for limited government. Twin foundations of individual rights + popular sovereignty

  • concept is gov should only do what’s essential, leaving rights + freedoms of citizens untouched as possible

CJ

the US constitution

KEY PRINCIPLES

  • federalism

  • separation of powers

  • checks and balances

  • bipartisanship

  • limited government

FEDERALISM

Definitions:

  • Federalism: “system in which sovereignty is shared between a central government (federal government) and individual states, with each having their own specific rights” (page 333 of Pearson)

  • Federal: “having or relating to a system of government in which several states form a unity but remain independent in internal affairs” and “relating to or denoting the central government as distinguished from the separate states constituting a federation” (Oxford English Dictionary)

A TWO POWER SYSTEM

  • US Citizens are ruled by two governments, the federal and the state

  • Some policies are made at federal level and other decisions made by state governments. For example, states decide whether or not to have the death penalty and, if so, what nature that takes

  • States are smaller versions of federal. They each have an executive (Governor), legislature (State Congress) and their own Supreme Court

  • States are subject to constitutional rules but maintain a high degree of control over its own affairs

SEPARATION OF POWERS

Definitions:

  • “A theory of government whereby political power is distributed among the legislature, the executive and the judiciary, each acting independently and interdependently” (Bennett, page 27)

  • “Where the three bodies of government each have their own powers, personnel and buildings. The principle behind the separation of powers ensures that a system of checks and balances prevent too much power residing with any one body” (Pearson, page 334)

POWER SHARING

  • A guiding principle for the Founding Fathers was preventing any one politician or institution of dominating the political process

  • Power is spread between President, Congress and Supreme Court

  • No one is allowed in more than one branch at a time, for example, Obama had to relinquish his Senate seat when he became president

CHECKS AND BALANCES

Definitions:

  • “The division of power between the three branches of government, where each branch has a direct ability to prevent action from another branch” (Pearson, page 334)

  • “A system of government that gives each branch the means to partially control the power exercised by the other branches” (Bennett, page 28)

HOW THE PRESIDENT CAN CHECK

The President can:

  • Check Congress by vetoing a bill it has passed

  • Check the federal courts by nominating judges and the power of pardon

PRESIDENTIAL CHECKS EXAMPLES

  • Obama made two appointments to the Supreme Court – Sonia Sotomayor and Elena Kagan – both liberal in outlook.

  • Trump elected 3 – all conservative in outlook.

  • President Ford pardoned his predecessor Nixon

  • Clinton pardoned 140 people

  • Obama pardoned 142 people in his last three weeks in office!

CONGRESS CHECKS ON PRESIDENT

Can check the President by:

  • Amending/delaying/rejecting the president’s legislative proposals

  • Override the president’s veto

  • The power of the purse

  • Refusing to approve the president’s appointments (Senate only)

  • Refusing to ratify the president’s treaties (Senate only)

  • Use the impeachment and trial powers to remove the president

EXAMPLES

  • Obama: Congress passed his healthcare reform bill (dubbed Obamacare) but significantly amended. They also blocked his reforms on immigration and gun control

  • George W Bush: Congress can veto the president’s veto! They did this 4 times to Dubya!

  • Although president is ‘commander-in-chief’, Congress had forced president to seek specific authorisation before committing troops

  • Senate has power to confirm appointments president makes to executive and judiciary. Delayed Obama’s third pic for SC, delayed until Trump took over.

  • Congress has power to investigate executive and even to impeach. Johnson (1868), Clinton (1998) and Nixon impeached (first two survived, Nixon resigned). Trump impeached twice.

CONGRESS CHECKS ON JUDICIARY

  • Congress can check courts by:

  • Proposing constitutional amendments to overturn a judicial decision

  • Refuse to approve a person nominated to the federal courts (Senate only)

EXAMPLES

  • Congress removed 3 judges from office between 1986 and 1989. Harry Claiborne for tax evasion, Alcee Hastings for bribery and Walter Nixon for perjury

  • Congress can also suggest amendments following a SC decision that is controversial. Unlikely to succeed, however

JUDICIAL CHECKS

federal courts can:

  • Check Congress by declaring a law unconstitutional

  • Check president by declaring their actions – or the actions of any president’s subordinates – unconstitutional

EXAMPLES

  • United States v Richard Nixon (1974) – SC ordered Nixon to hand over his White House tapes. He resigned 16 days later

  • Hamdan v Rumsfeld (2006) – SC declared military commissions set up to try suspected members of Al Qaeda being held at Guantanamo Bay unconstitutional

  • State of Washington v Donald J Trump (2017) – federal courts placed restraining order on Trump’s executive order banning seven Muslim-majority countries from entering US

BIPARTISANSHIP

Definitions:

  • “Close cooperation between the two major parties to achieve desired political goals. In the US system it may be crucial for political success” (Bennett, page 35)

  • “Attempts within the structure of the US Congress to try to ensure that the two main parties must work together in order to fulfil congressional functions” (Pearson, page 335)

DIVIDED GOVERNMENT?

  • Sometimes bipartisanship can lead to delay + deadlock

  • Divided government definition: “when the presidency is controlled by one party, and one or both houses of Congress are controlled by the other party” (Bennett, page 35)

  • However, if same party controls executive + legislative are necessary checks and balances being carried out? Is oversight function of Congress lacking?

LIMITED GOVERNMENT

Definitions:

  • “the role of government is limited by checks and balances, and a separation of powers, as a bulwark against corruption” (Pearson, page 336)

  • “a principle that the scope of the federal government should be limited to that which is necessary for the common good of the people” (Bennett. Page 36)

LIMITED GOVERNMENT VERSUS POPULAR SOVEREIGNTY

  • John Locke argued for limited government. Twin foundations of individual rights + popular sovereignty

  • concept is gov should only do what’s essential, leaving rights + freedoms of citizens untouched as possible

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