The Constitutional Framework of US government
Specification
Key concepts and terminology:
US Constitution
Bill of Rights
separation of powers
checks and balances
federalism.
Focus
Students should analyse and evaluate:
the nature and significance of the US Constitution
the significance of constitutional principles
framework of government laid down in the US Constitution
federal system of government
federal state relations
amendment process
debates concerning the importance of the US Constitution to the working of
contemporary US government
protection of civil liberties and rights under the US Constitution, Bill of Rights,
and Supreme Court rulings.
Key Concepts
US Constitution – document of key rules and framework for USA govt. – amended 27 times
Bill Of Rights – first 10 amendments 1789 and ratified 1791- focus on individual rights such as freedom of speech
and religion + protect civil liberties of US citizens from actions of govt.
Separation Of Powers – requires executive, legislative and judicial to be separate branches
Checks And Balances – each branch of govt. limited by the others – preventing too much concentration of power in
any institution
Federalism – govt. where states share power with national govt.
Judicial review – power of courts to decide whether law or action is legal or illegal
Pardon- govt. decision to forgive someone of a crime
Commutation- reduction in length or severity of punishment
Midterms – elections for Congress occurring in between presidential terms- entire house and 1/3 rd of senate put
up for election
Entrenched rights – cannot be easily removed – US constitution complex amendment process preventing easy
change of rights
The nature and significance of the US Constitution
Origins of the US Constitution
No taxation without representation
Articles of confederation between 13 original states made the Continental Congress deliberately weak, however
this caused problems – couldn’t raise or regulate taxes and trade – little power
Tension about balance freedom and right to resist on occasion with stability and effective govt.
, Founding father drafted new Constitution at Philadelphia Convention – greatly strengthened Congress and created
executive and judicial branches – 55 attendees - 1787
Connecticut Compromise 1787 – bicameral legislature representing states equally by population size – dealt with
clash between small and large states – senate would have equal representation from every state while
representatives would be based on population size – 3/5s clause included
Key Features
Emphasised representative government not democracy– indirect election of president - selected by Electoral
college not by direct popular vote – senate initially chosen by state legislatures - General fear of mass democracy
Product of its time, culture and authority – white Christian males – slaveowners, landowners
Slavery was part of new nation and intrinsic to economy, society- south especially – constitution silent on slavery
Framework and structure of govt. not individual rights
Order of articles – congress comes first (principal player), president mentioned second – trouble- shooter and
international representative, supreme court came last – no specific details
Implicit fear of power – limited govt. was needed – balance between individual and federal right
Constitution left much unsaid and vague – implied powers – enumerated delegated powers – long lasting, enduring
and not to be easily changed or overturned
Constitution was sovereign – supreme law of land
The significance of constitutional principles
Vagueness in constitution
Strength – allows constitution to evolve/ develop- general welfare has altered meaning since 18 th century,
necessary and proper clause empowers congress to make all laws to carry out federal law , elastic clause enables
legislatures to adapt over time to changing circumstances and values – Immigration Act 1924 banned all Asian
people from entering US but in 1965- VRA forbade racial discrimination in voting – elastic based on changing views
Weakness – by saying nothing on slavery – led to sectional divide, gun rights and war
o 2nd amendment says right to bear arms but prefixed by ‘well-regulated militia, being necessary for the security
of a free state’ – inalienable right for all Americans?
o Vagueness on whether president or Congress wields responsibility for initiating military action- constitution
gives Congress sole power but also says commander-in-chief which is the president – presidents now order
military action and seek approval retrospectively – such military interventions involve secrecy and subterfuge-
secret bombing missions on Laos and Cambodia during Vietnam war.
The need for referee
Judicial review – S.C most important power – grants court power of interpreting constitution and declaring laws/
executive actions unconstitutional but it isn’t mentioned in constitution- precedent set by 1803 Marbury v.
Madison
o Riley v. California 2014 – ruled warrantless mobile phones searches unconstitutional due to 4th Amendment-
no mention of such technology in the 4th amendment
Judicial review has become politicised – contentious issues – abortion, gay marriage – end up in S.C- reflects
vagueness of constitution – requirement of definitive legal opinion.
1896 Plessy v. Ferguson reversed by Brown v. Board of Education of Topeka
The game of gridlock
Designed to promote cooperation and compromise between different branches – by requiring mutual agreement –
all laws must be approved by both chambers.
Budget proposed by president and submitted for approval to Congress – leads to standoff – shutdown has occurred
-35days between Dec 2018 and Jan 2019 – due to Trump insistence on greater funding for border wall –
presidential veto and congress refusal to pass legislation can lead to immigration reform not being passed
Senate passed funding bill - Chuck Schumer, Joe Manchin, Nancy Pelosi -could have risked partial government
shutdown– Oct 22
Elections
Organisation of elections in hands of 50 individual states – some rules and requirements for voting like VRA 1965 or
Help America Vote Act 2002 but not all – conduct is left to individual states – wide variation in use of postal ballots,
early voting, primaries, caucuses, voting rights of ex-felons – some states use electronic voting machines , others
use traditional paper, Utah automatically mail ballots to all voters, Georgia state law after 2020 requires runoff
election to be held if neither candidate achieve over 50% of vote
, Controversy over stricter voter ID laws – some Republican states want to toughen up laws to prevent alleged voter
fraud- Kansas + Mississippi = strict requirements on what photo ID is permissible –accusations of voter suppression.
Framework of government laid down in the US constitution
Two main principles = separation of powers and checks and balances – limits govt. and shares balance of power
between different branches – each institution has powers to limit others
Separation of powers – to avoid tyranny and absolutism – separate articles of constitution designed to adhere to
principle- deal with and define each branch and how they function
o Each branch clearly checked and limited by other 2, no person can simultaneously serve I n Congress and
legislature – Hilary Clinton had to resign as senator for New York when appointed secretary of state, Deb Haaland
resigned as New Mexico congressman when Biden nominated her secretary of the Interior 2020, helps to prevent
any branch from having too much power/ elective dictatorship – associated with the UK PM – for president to get
policy through need to work with Congress and ensure compatibility with constitution, preserves notion of
independent and non-political judiciary – defend rights, Norman Mineta (2003), Porter Goss (2005) resigning
from Representatives to accept appointments as Secretary of Transportation and Director of Central Intelligence
o Separation misleading – more shared powers – president and congress both have powers to pass laws, vice
president is also senate president and casting vote in event of tie, Mike Pence used power on many occasions to
confirm Betsy DeVos education secretary in 2017 and Jonathon Kobes for Court of Appeals for 8 th Circuit 2018,
50/50 split in Senate after 2020 election- V.P Harris did the same, president with supportive S.C or controls
congress can wield lots of power, US judiciary is extremely politicised – involving politicians in nomination and
confirmation process – considerable political power of S.C – lessens independence – presidents have power of
pardon – overlaps judiciary’s power
Executive checked by
Legislative –approve foreign treaties, impeachments, controls purse, declare war powers
o Presidential veto can be overturned by supermajority of 2/3s of all members of both houses – 2016- Congress
overturned Obama veto of Justice Against Sponsors of Terrorism Act – only veto he had overturned, G.W Bush
had 4/12 regular vetoes overridden, Trump had 1/19 vetoes overridden on defence spending bill in Jan 2021
2008 George W. Bush vetoes Medicare Improvements for Patients and Providers Act 2008 – but then
Representatives voted 383-41 and Senate voted 70-26 – vetoed the veto
o Senate must confirm by simple majority presidential appointments – 2013- Senate blocked Obama appointment
of Robert Wilkins to DC court of appeals
Last cabinet nominee to be denied confirmation was John Tower Defence Secretary 1989, last S.C nominee to
be formally rejected was Robert Bork 1987
President can issue recess appointments should the Senate not be willing to confirm candidates for roles.
Obama did this with appointees to the NLRB
Rejection of Clinton nomination of Ronnie White to the federal trial court judge
o Threat of senate rejection can prevent executive – Biden controversial 2020 pick of Neera Tanden as Director of
the Office of Management and Budget- clear she wouldn’t secure enough senate votes for confirmation –
nomination withdrawn in March 2021
o Congress has power of purse – frustrated Trump attempt to fund Mexican Border Wall
Foreign Assistance Act of 1974 – cut all military funding for govt. of South Vietnam forcing end to war
o Can decline to pass legislation desired by President – aftermath of mass shootings and Sandy Hook – 2012 –
Obama requested gun-control measures but nothing passed– Trump had same problem when trying to get
healthcare reforms passed
o Impeachment – to remove president- 2019- House voted to proceed with impeachment trial against Trump but
Republican Senate didn’t convict him following trial- House also attempted to impeach him 13 January 2021 after
January 6th Capitol attacks
Bill Clinton impeached by Representatives- 1998 for perjury and obstruction of justice over Lewinsky Scandal –
but all senate democrats and 10 senate republicans voted to acquit
o Congress can block treaties – 2/3rds vote needed to ratify– 2012- Senate failed to ratify Convention on Rights of
Persons with Disabilities –passed 61-38 but needed 66 votes
o Congress launches investigations into presidential actions where serious concerns are raised – 2019- House
Oversight + Reform Committee inquiry into potential conflict of interest over increased spending by US air force
on refuelling at struggling Scottish airport near resort owned by Trump- integral to viability of Trump Turnberry
golf resort
Judiciary –serve for life and cannot be replaced by subsequent presidents
, o Can rule presidential actions unconstitutional and illegal- Hamdan v Rumsfeld 2006- Court ruled against special
military commissions set up by G.W Bush to try suspected members of al Qaeda, 2020- two cases involving tax
and financial records of Trump- Trump v Mazars, Trump v Vance- court ruled residents don’t enjoy immunity
from state criminal subpoenas
Legislative branch checked by
Executive
o Presidential veto acts or resolutions passed by Congress - – Obama vetoed Keystone XL Pipeline and issued 12
regular vetoes during 2 terms, Trump vetoed resolution revoking declaration of national emergency at US-Mexico
border
o Presidents threaten veto to dissuade Congress from passing unwelcome measure – Obama made 4 threats in
2015 State of Union Address- stiffer Iran sanctions, diluting or overturning Affordable Care Act, loosening Wall
Street oversight and tightening immigration controls
o Presidents can pass executive orders to bypass need for formal legislation – 2017- Trump introduced travel ban
on visitors from Muslim-majority countries
o Can use commander in chief role to deploy US troops overseas – avoiding Congressional approval – 2001 and
2003- Bush ordered invasion Afghanistan and Iraq
Judiciary –justices are permanent- can’t be removed by straightforward congressional votes
o Courts can declare acts of Congress unconstitutional – repeal- 2013- Defence of Marriage Act=unconstitutional in
United States v. Windsor- marking major advance for legislation of same-sex marriage across the USA
Judiciary branch checked by
Legislative- can pass new laws to get around court rulings, can increase size of S.C
o
Congress can impeach federal justice+ remove from office – 2010 Louisiana federal judge- Thomas Porteous
impeached and removed from office for corruption- unanimous
o Pollock v. Farmer’s loan and Trust Co 1895- Supreme Court declared federal income tax to be unconstitutional
BUT Congress passed the 16th Amendment – giving Congress power to impose direct income tax
Executive – appoints all S.C and federal level justices, issues pardons + commutations
o President nominated all federal justices and Supreme Court justices when there is vacancy – Obama appointed
Sonia Sotomayor, Elena Kagan, Trump appointed Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett to S.C
o President can issue pardons and commutations to convicted of federal crimes – Ford pardoned Nixon, Trump
pardoned media mogul Conrad Black 2019 after he wrote a favourable biography about him, Obama issued 330
commutations on final day, Trump issued 73 pardons and 70 commutations on final day in 2021, including chief
strategist Steve Bannon facing serious fraud charges
Are checks and balances important
Important – encourages political players to deploy tactics to get around constraints (president’s negotiate
executive agreements over full treaties with international powers - Obama’s nuclear deal with Iran, or call national
emergency to secure additional funding without Congressional approval- Trump over USA-Mexico border, issue
executive orders that don’t need approval), president subject to most checks out of all branches despite the office
having seen the biggest political expansion over decades, checks and balances can affect timing of president
initiatives- makes sense to push legislation in first 2 years of being elected so they don’t have problem of divided
govt. after midterms – Trump lost control of House in 2018, Obama lost Senate 2014- Obama secured Obamacare
early 2010, Trump Tax Cuts and Jobs Act 2017, US politics at national level is characterised by gridlock - much
easier to stop new law happening than to achieve something positive – structure designed to promote
bipartisanship and working together – hyper partisanship means reluctance to cooperate and compromise – COVID
19- took many days of intense negotiation to get original 2.2trillion stimulus pack to pass – CARES Act
Impeachment hardly used – no US president has successfully been impeached – Nixon resigned 1974 rather than
face likely removal from office
Presidential veto isn’t used – Obama vetoed 12 bills in 2 terms – Reagan used 78 in 2 terms
Amendment process
Formal amendment of the US Constitution
Made deliberately hard to formally amend – process usually begins with Congress – followed by ratification by
individual state legislature- - at a constitutional convention called by 2/3 of states- ¾ of state legislatures must
ratify it at conventions OR by 2/3 majority in both houses and 3 quarters of state legislatures must then ratify it
27 successful amendments, concerning individual rights and voting mainly- major amendment 1971 lowered
minimum voting age from 21 to 18, many passed in response to particular situation- amendment limiting president
to 2 terms was passed after FDR winning 4 elections
Specification
Key concepts and terminology:
US Constitution
Bill of Rights
separation of powers
checks and balances
federalism.
Focus
Students should analyse and evaluate:
the nature and significance of the US Constitution
the significance of constitutional principles
framework of government laid down in the US Constitution
federal system of government
federal state relations
amendment process
debates concerning the importance of the US Constitution to the working of
contemporary US government
protection of civil liberties and rights under the US Constitution, Bill of Rights,
and Supreme Court rulings.
Key Concepts
US Constitution – document of key rules and framework for USA govt. – amended 27 times
Bill Of Rights – first 10 amendments 1789 and ratified 1791- focus on individual rights such as freedom of speech
and religion + protect civil liberties of US citizens from actions of govt.
Separation Of Powers – requires executive, legislative and judicial to be separate branches
Checks And Balances – each branch of govt. limited by the others – preventing too much concentration of power in
any institution
Federalism – govt. where states share power with national govt.
Judicial review – power of courts to decide whether law or action is legal or illegal
Pardon- govt. decision to forgive someone of a crime
Commutation- reduction in length or severity of punishment
Midterms – elections for Congress occurring in between presidential terms- entire house and 1/3 rd of senate put
up for election
Entrenched rights – cannot be easily removed – US constitution complex amendment process preventing easy
change of rights
The nature and significance of the US Constitution
Origins of the US Constitution
No taxation without representation
Articles of confederation between 13 original states made the Continental Congress deliberately weak, however
this caused problems – couldn’t raise or regulate taxes and trade – little power
Tension about balance freedom and right to resist on occasion with stability and effective govt.
, Founding father drafted new Constitution at Philadelphia Convention – greatly strengthened Congress and created
executive and judicial branches – 55 attendees - 1787
Connecticut Compromise 1787 – bicameral legislature representing states equally by population size – dealt with
clash between small and large states – senate would have equal representation from every state while
representatives would be based on population size – 3/5s clause included
Key Features
Emphasised representative government not democracy– indirect election of president - selected by Electoral
college not by direct popular vote – senate initially chosen by state legislatures - General fear of mass democracy
Product of its time, culture and authority – white Christian males – slaveowners, landowners
Slavery was part of new nation and intrinsic to economy, society- south especially – constitution silent on slavery
Framework and structure of govt. not individual rights
Order of articles – congress comes first (principal player), president mentioned second – trouble- shooter and
international representative, supreme court came last – no specific details
Implicit fear of power – limited govt. was needed – balance between individual and federal right
Constitution left much unsaid and vague – implied powers – enumerated delegated powers – long lasting, enduring
and not to be easily changed or overturned
Constitution was sovereign – supreme law of land
The significance of constitutional principles
Vagueness in constitution
Strength – allows constitution to evolve/ develop- general welfare has altered meaning since 18 th century,
necessary and proper clause empowers congress to make all laws to carry out federal law , elastic clause enables
legislatures to adapt over time to changing circumstances and values – Immigration Act 1924 banned all Asian
people from entering US but in 1965- VRA forbade racial discrimination in voting – elastic based on changing views
Weakness – by saying nothing on slavery – led to sectional divide, gun rights and war
o 2nd amendment says right to bear arms but prefixed by ‘well-regulated militia, being necessary for the security
of a free state’ – inalienable right for all Americans?
o Vagueness on whether president or Congress wields responsibility for initiating military action- constitution
gives Congress sole power but also says commander-in-chief which is the president – presidents now order
military action and seek approval retrospectively – such military interventions involve secrecy and subterfuge-
secret bombing missions on Laos and Cambodia during Vietnam war.
The need for referee
Judicial review – S.C most important power – grants court power of interpreting constitution and declaring laws/
executive actions unconstitutional but it isn’t mentioned in constitution- precedent set by 1803 Marbury v.
Madison
o Riley v. California 2014 – ruled warrantless mobile phones searches unconstitutional due to 4th Amendment-
no mention of such technology in the 4th amendment
Judicial review has become politicised – contentious issues – abortion, gay marriage – end up in S.C- reflects
vagueness of constitution – requirement of definitive legal opinion.
1896 Plessy v. Ferguson reversed by Brown v. Board of Education of Topeka
The game of gridlock
Designed to promote cooperation and compromise between different branches – by requiring mutual agreement –
all laws must be approved by both chambers.
Budget proposed by president and submitted for approval to Congress – leads to standoff – shutdown has occurred
-35days between Dec 2018 and Jan 2019 – due to Trump insistence on greater funding for border wall –
presidential veto and congress refusal to pass legislation can lead to immigration reform not being passed
Senate passed funding bill - Chuck Schumer, Joe Manchin, Nancy Pelosi -could have risked partial government
shutdown– Oct 22
Elections
Organisation of elections in hands of 50 individual states – some rules and requirements for voting like VRA 1965 or
Help America Vote Act 2002 but not all – conduct is left to individual states – wide variation in use of postal ballots,
early voting, primaries, caucuses, voting rights of ex-felons – some states use electronic voting machines , others
use traditional paper, Utah automatically mail ballots to all voters, Georgia state law after 2020 requires runoff
election to be held if neither candidate achieve over 50% of vote
, Controversy over stricter voter ID laws – some Republican states want to toughen up laws to prevent alleged voter
fraud- Kansas + Mississippi = strict requirements on what photo ID is permissible –accusations of voter suppression.
Framework of government laid down in the US constitution
Two main principles = separation of powers and checks and balances – limits govt. and shares balance of power
between different branches – each institution has powers to limit others
Separation of powers – to avoid tyranny and absolutism – separate articles of constitution designed to adhere to
principle- deal with and define each branch and how they function
o Each branch clearly checked and limited by other 2, no person can simultaneously serve I n Congress and
legislature – Hilary Clinton had to resign as senator for New York when appointed secretary of state, Deb Haaland
resigned as New Mexico congressman when Biden nominated her secretary of the Interior 2020, helps to prevent
any branch from having too much power/ elective dictatorship – associated with the UK PM – for president to get
policy through need to work with Congress and ensure compatibility with constitution, preserves notion of
independent and non-political judiciary – defend rights, Norman Mineta (2003), Porter Goss (2005) resigning
from Representatives to accept appointments as Secretary of Transportation and Director of Central Intelligence
o Separation misleading – more shared powers – president and congress both have powers to pass laws, vice
president is also senate president and casting vote in event of tie, Mike Pence used power on many occasions to
confirm Betsy DeVos education secretary in 2017 and Jonathon Kobes for Court of Appeals for 8 th Circuit 2018,
50/50 split in Senate after 2020 election- V.P Harris did the same, president with supportive S.C or controls
congress can wield lots of power, US judiciary is extremely politicised – involving politicians in nomination and
confirmation process – considerable political power of S.C – lessens independence – presidents have power of
pardon – overlaps judiciary’s power
Executive checked by
Legislative –approve foreign treaties, impeachments, controls purse, declare war powers
o Presidential veto can be overturned by supermajority of 2/3s of all members of both houses – 2016- Congress
overturned Obama veto of Justice Against Sponsors of Terrorism Act – only veto he had overturned, G.W Bush
had 4/12 regular vetoes overridden, Trump had 1/19 vetoes overridden on defence spending bill in Jan 2021
2008 George W. Bush vetoes Medicare Improvements for Patients and Providers Act 2008 – but then
Representatives voted 383-41 and Senate voted 70-26 – vetoed the veto
o Senate must confirm by simple majority presidential appointments – 2013- Senate blocked Obama appointment
of Robert Wilkins to DC court of appeals
Last cabinet nominee to be denied confirmation was John Tower Defence Secretary 1989, last S.C nominee to
be formally rejected was Robert Bork 1987
President can issue recess appointments should the Senate not be willing to confirm candidates for roles.
Obama did this with appointees to the NLRB
Rejection of Clinton nomination of Ronnie White to the federal trial court judge
o Threat of senate rejection can prevent executive – Biden controversial 2020 pick of Neera Tanden as Director of
the Office of Management and Budget- clear she wouldn’t secure enough senate votes for confirmation –
nomination withdrawn in March 2021
o Congress has power of purse – frustrated Trump attempt to fund Mexican Border Wall
Foreign Assistance Act of 1974 – cut all military funding for govt. of South Vietnam forcing end to war
o Can decline to pass legislation desired by President – aftermath of mass shootings and Sandy Hook – 2012 –
Obama requested gun-control measures but nothing passed– Trump had same problem when trying to get
healthcare reforms passed
o Impeachment – to remove president- 2019- House voted to proceed with impeachment trial against Trump but
Republican Senate didn’t convict him following trial- House also attempted to impeach him 13 January 2021 after
January 6th Capitol attacks
Bill Clinton impeached by Representatives- 1998 for perjury and obstruction of justice over Lewinsky Scandal –
but all senate democrats and 10 senate republicans voted to acquit
o Congress can block treaties – 2/3rds vote needed to ratify– 2012- Senate failed to ratify Convention on Rights of
Persons with Disabilities –passed 61-38 but needed 66 votes
o Congress launches investigations into presidential actions where serious concerns are raised – 2019- House
Oversight + Reform Committee inquiry into potential conflict of interest over increased spending by US air force
on refuelling at struggling Scottish airport near resort owned by Trump- integral to viability of Trump Turnberry
golf resort
Judiciary –serve for life and cannot be replaced by subsequent presidents
, o Can rule presidential actions unconstitutional and illegal- Hamdan v Rumsfeld 2006- Court ruled against special
military commissions set up by G.W Bush to try suspected members of al Qaeda, 2020- two cases involving tax
and financial records of Trump- Trump v Mazars, Trump v Vance- court ruled residents don’t enjoy immunity
from state criminal subpoenas
Legislative branch checked by
Executive
o Presidential veto acts or resolutions passed by Congress - – Obama vetoed Keystone XL Pipeline and issued 12
regular vetoes during 2 terms, Trump vetoed resolution revoking declaration of national emergency at US-Mexico
border
o Presidents threaten veto to dissuade Congress from passing unwelcome measure – Obama made 4 threats in
2015 State of Union Address- stiffer Iran sanctions, diluting or overturning Affordable Care Act, loosening Wall
Street oversight and tightening immigration controls
o Presidents can pass executive orders to bypass need for formal legislation – 2017- Trump introduced travel ban
on visitors from Muslim-majority countries
o Can use commander in chief role to deploy US troops overseas – avoiding Congressional approval – 2001 and
2003- Bush ordered invasion Afghanistan and Iraq
Judiciary –justices are permanent- can’t be removed by straightforward congressional votes
o Courts can declare acts of Congress unconstitutional – repeal- 2013- Defence of Marriage Act=unconstitutional in
United States v. Windsor- marking major advance for legislation of same-sex marriage across the USA
Judiciary branch checked by
Legislative- can pass new laws to get around court rulings, can increase size of S.C
o
Congress can impeach federal justice+ remove from office – 2010 Louisiana federal judge- Thomas Porteous
impeached and removed from office for corruption- unanimous
o Pollock v. Farmer’s loan and Trust Co 1895- Supreme Court declared federal income tax to be unconstitutional
BUT Congress passed the 16th Amendment – giving Congress power to impose direct income tax
Executive – appoints all S.C and federal level justices, issues pardons + commutations
o President nominated all federal justices and Supreme Court justices when there is vacancy – Obama appointed
Sonia Sotomayor, Elena Kagan, Trump appointed Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett to S.C
o President can issue pardons and commutations to convicted of federal crimes – Ford pardoned Nixon, Trump
pardoned media mogul Conrad Black 2019 after he wrote a favourable biography about him, Obama issued 330
commutations on final day, Trump issued 73 pardons and 70 commutations on final day in 2021, including chief
strategist Steve Bannon facing serious fraud charges
Are checks and balances important
Important – encourages political players to deploy tactics to get around constraints (president’s negotiate
executive agreements over full treaties with international powers - Obama’s nuclear deal with Iran, or call national
emergency to secure additional funding without Congressional approval- Trump over USA-Mexico border, issue
executive orders that don’t need approval), president subject to most checks out of all branches despite the office
having seen the biggest political expansion over decades, checks and balances can affect timing of president
initiatives- makes sense to push legislation in first 2 years of being elected so they don’t have problem of divided
govt. after midterms – Trump lost control of House in 2018, Obama lost Senate 2014- Obama secured Obamacare
early 2010, Trump Tax Cuts and Jobs Act 2017, US politics at national level is characterised by gridlock - much
easier to stop new law happening than to achieve something positive – structure designed to promote
bipartisanship and working together – hyper partisanship means reluctance to cooperate and compromise – COVID
19- took many days of intense negotiation to get original 2.2trillion stimulus pack to pass – CARES Act
Impeachment hardly used – no US president has successfully been impeached – Nixon resigned 1974 rather than
face likely removal from office
Presidential veto isn’t used – Obama vetoed 12 bills in 2 terms – Reagan used 78 in 2 terms
Amendment process
Formal amendment of the US Constitution
Made deliberately hard to formally amend – process usually begins with Congress – followed by ratification by
individual state legislature- - at a constitutional convention called by 2/3 of states- ¾ of state legislatures must
ratify it at conventions OR by 2/3 majority in both houses and 3 quarters of state legislatures must then ratify it
27 successful amendments, concerning individual rights and voting mainly- major amendment 1971 lowered
minimum voting age from 21 to 18, many passed in response to particular situation- amendment limiting president
to 2 terms was passed after FDR winning 4 elections
