Government & Politics of the USA
The Constitutional Framework of the US
The Origins of the US Constitution:
● Post American Revolution, the first attempts at creating a new Constitution were based
on the Articles of Confederation (Agreement between 13 original states)
● Tensions between colonies/states and central government led to the Constitutional
Convention between May and September 1787
● The Founding Fathers drew up the US Constitution which then had to be ratified by 9 out
of the 13 states before it came into effect
● This was achieved in June 1788 with New Hampshire
Key Features of the US Constitution:
● It is codified, this was done deliberately by the Founding Fathers so that it wouldn’t be
easy to change quickly
● It is also vague
● There are enumerated powers which are written down and implied powers which aren’t
● The ‘necessary and proper’ clause which doesn’t limit Congress to the amount of laws
it can make (some argue this means the constitution doesn’t need formal amendment)
● It is entrenched making it difficult to alter
● The Constitution emphasised representative government not democracy
● The original document was a product of its time and focused on the structure of
government not rights
● There was a fear of power
● The Constitution is sovereign
The Significance of the Need for a Referee:
● Judicial review is essential for interpreting the constitution and declaring laws and
executive actions unconstitutional
● Judicial review is not specifically mentioned in the constitution but came into being
through Marbury v Madison 1803
● Judicial review has become a crucial function of the Supreme Court
● It has led to inevitable politicisation
● The Supreme Court settles issues where other Western democracies would legislate or
hold referendums
The Significance of Gridlock:
, ● The constitution was designed to promote cooperation and compromise between the
different branches of government
● The hope was that all branches would work together
● However there has been frequent gridlock and competition between the different
branches over the years
The Separation of Powers:
● The Founding Fathers, inspired by Montesquieu, decided the best way to avoid tyranny
and absolutism was through separating government into 3 branches; the legislature
(Congress), the executive (Presidency), the judiciary (Supreme Court)
● Separate articles of the Constitution were designed to create this eg. Article II establishes
the President
● Separation of Powers is Significant:
● Each branch is checked and limited by the other two
● No person can serve simultaneously in both Houses of Congress
● It prevents any one branch from having too much power
● Avoids elective dictatorship
● Helps to preserve the idea of independence
● Separation of Powers is Less Significant:
● Concept of separation is misleading eg. Congress and President share law passing powers
● The Vice President is also the Senate President
● A President with a supportive Supreme Court and a majority in Congress wields a lot of
power
● The US judiciary is highly politicised
● Presidents have the power of pardons which often overlap the judiciary’s powers
Checks and Balances:
● Presidential Checks on Congress:
● President can veto acts of resolutions passed by Congress
● Presidents often threaten to use the veto to dissuade Congress
● Presidents can issue executive orders to bypass the need for formal legislation
● Presidents are commander-in-chief of the the US army and can deploy troops overseas
● Presidential Checks on Judiciary:
● The President nominates all Supreme Court judges (when there is a vacancy)
● The President can issue pardons to those convicted of federal crimes
● Congressional Checks on the President:
● Presidential veto can be overturned by a supermajority in both houses
● The Senate confirms presidential appointments
● The threat of Senate rejection is frequent and powerful
● Congress has the ‘power of the purse’ and can turn down requests for funding
, ● Congress can decline to pass legislation desired by the President
● Congress can impeach the President
● Congress has the power to block treaties negotiated by the President
● Congress can launch investigations into presidential actions
● Congressional Checks on the Judiciary:
● Congress can impeach federal justices
● Constitutional amendments can be initiated to overturn Supreme Court verdicts
● Judicial Checks on the President:
● The courts can rule presidential actions unconstitutional
● Judicial Checks on Congress:
● The courts can declare acts of Congress unconstitutional
Significance of Checks and Balances:
● It encourages political players to deploy other tactics to get around constraints
● President is subject to the most check due to the Founding Fathers’ fears
● Checks and balances characterise US politics by gridlock
● Not all checks and balances have equal significance
Formal Amendments to the Constitution:
● The Constitution was deliberately made to be hard to amend
● There are two ways in which the constitution can be amended (see
diagram)
● There have been 27 successful amendments
● The 10 first amendments are known at the 1791 Bill of Rights
● Several amendments focus on individual rights and voting
● One amendment overturned a previous one (prohibition)
● Amendments are often passed in response to particular situations
● Not all amendments have equal significance
Key Amendments:
● 1st Amendment: Freedom of religion, speech, the press and assembly
● 2nd Amendment: The right to bear arms
● 8th Amendment: Banned the use of ‘cruel and unusual’ punishments
● 13th Amendment: Abolished slavery
● 14th Amendment: Gave citizenship to former slaves and included ‘equal protection’ and
‘due process’ clauses
● 17th Amendment: Introduced direct elections to the Senate in 1913
● Last amendment in 1992 stated that congressional salaries could only increase after the
next election cycle
, Informal Amendment Process:
● The US Constitution is hard to amend formally so many changes are made informally via
rulings of the Supreme Court
● Eg. Roe v Wade granted American women access to abortion using the ‘due process
clause’ of the 14th Amendment in 1973
Federal Nature of the US Constitution:
● Power is divided between central government and the states in the US (federalism)
● The 10th Amendment states that powers not held by the federal government shall reside
with individual states
● States have considerable powers including power over local taxes, aspects of their
election process eg. primaries or caucuses, whether or not to have the death penalty
● Since the 1930s and FDR’s New Deal, power has shifted towards the federal government
and away from the individual states
● Often clashes between policies/laws made in Washington DC and individual states eg.
1950s/60s Deep South states resisting efforts to desegregate
● Sometimes a direct clash between state and federal law eg. federal law states the sale of
weed is illegal but it is legalised in some states such as California
Debates on the Importance of the US Constitution for the 21st Century:
Criticisms Defences
It is too difficult to amend It provides stability and is also relatively
easy to amend informally
Some of its terms are vague The vagueness of the document allows for
adjustments and new interpretations for
changing times and cultures
Some powers overlap eg. foreign policy Overlap should encourage the different
branches to work together
Not all rights are equally protected eg. This is the fault of lawmakers not the
gender Constitution
Specific clauses are outdated Unhelpful/outdated clauses can be
removed eg. 1933 the 21st amendment
repealed the 18th amendment which
enforced Prohibition
Too much power is given to the Supreme It is better to leave divisive issues to legal
Court experts rather than politicians
The Constitutional Framework of the US
The Origins of the US Constitution:
● Post American Revolution, the first attempts at creating a new Constitution were based
on the Articles of Confederation (Agreement between 13 original states)
● Tensions between colonies/states and central government led to the Constitutional
Convention between May and September 1787
● The Founding Fathers drew up the US Constitution which then had to be ratified by 9 out
of the 13 states before it came into effect
● This was achieved in June 1788 with New Hampshire
Key Features of the US Constitution:
● It is codified, this was done deliberately by the Founding Fathers so that it wouldn’t be
easy to change quickly
● It is also vague
● There are enumerated powers which are written down and implied powers which aren’t
● The ‘necessary and proper’ clause which doesn’t limit Congress to the amount of laws
it can make (some argue this means the constitution doesn’t need formal amendment)
● It is entrenched making it difficult to alter
● The Constitution emphasised representative government not democracy
● The original document was a product of its time and focused on the structure of
government not rights
● There was a fear of power
● The Constitution is sovereign
The Significance of the Need for a Referee:
● Judicial review is essential for interpreting the constitution and declaring laws and
executive actions unconstitutional
● Judicial review is not specifically mentioned in the constitution but came into being
through Marbury v Madison 1803
● Judicial review has become a crucial function of the Supreme Court
● It has led to inevitable politicisation
● The Supreme Court settles issues where other Western democracies would legislate or
hold referendums
The Significance of Gridlock:
, ● The constitution was designed to promote cooperation and compromise between the
different branches of government
● The hope was that all branches would work together
● However there has been frequent gridlock and competition between the different
branches over the years
The Separation of Powers:
● The Founding Fathers, inspired by Montesquieu, decided the best way to avoid tyranny
and absolutism was through separating government into 3 branches; the legislature
(Congress), the executive (Presidency), the judiciary (Supreme Court)
● Separate articles of the Constitution were designed to create this eg. Article II establishes
the President
● Separation of Powers is Significant:
● Each branch is checked and limited by the other two
● No person can serve simultaneously in both Houses of Congress
● It prevents any one branch from having too much power
● Avoids elective dictatorship
● Helps to preserve the idea of independence
● Separation of Powers is Less Significant:
● Concept of separation is misleading eg. Congress and President share law passing powers
● The Vice President is also the Senate President
● A President with a supportive Supreme Court and a majority in Congress wields a lot of
power
● The US judiciary is highly politicised
● Presidents have the power of pardons which often overlap the judiciary’s powers
Checks and Balances:
● Presidential Checks on Congress:
● President can veto acts of resolutions passed by Congress
● Presidents often threaten to use the veto to dissuade Congress
● Presidents can issue executive orders to bypass the need for formal legislation
● Presidents are commander-in-chief of the the US army and can deploy troops overseas
● Presidential Checks on Judiciary:
● The President nominates all Supreme Court judges (when there is a vacancy)
● The President can issue pardons to those convicted of federal crimes
● Congressional Checks on the President:
● Presidential veto can be overturned by a supermajority in both houses
● The Senate confirms presidential appointments
● The threat of Senate rejection is frequent and powerful
● Congress has the ‘power of the purse’ and can turn down requests for funding
, ● Congress can decline to pass legislation desired by the President
● Congress can impeach the President
● Congress has the power to block treaties negotiated by the President
● Congress can launch investigations into presidential actions
● Congressional Checks on the Judiciary:
● Congress can impeach federal justices
● Constitutional amendments can be initiated to overturn Supreme Court verdicts
● Judicial Checks on the President:
● The courts can rule presidential actions unconstitutional
● Judicial Checks on Congress:
● The courts can declare acts of Congress unconstitutional
Significance of Checks and Balances:
● It encourages political players to deploy other tactics to get around constraints
● President is subject to the most check due to the Founding Fathers’ fears
● Checks and balances characterise US politics by gridlock
● Not all checks and balances have equal significance
Formal Amendments to the Constitution:
● The Constitution was deliberately made to be hard to amend
● There are two ways in which the constitution can be amended (see
diagram)
● There have been 27 successful amendments
● The 10 first amendments are known at the 1791 Bill of Rights
● Several amendments focus on individual rights and voting
● One amendment overturned a previous one (prohibition)
● Amendments are often passed in response to particular situations
● Not all amendments have equal significance
Key Amendments:
● 1st Amendment: Freedom of religion, speech, the press and assembly
● 2nd Amendment: The right to bear arms
● 8th Amendment: Banned the use of ‘cruel and unusual’ punishments
● 13th Amendment: Abolished slavery
● 14th Amendment: Gave citizenship to former slaves and included ‘equal protection’ and
‘due process’ clauses
● 17th Amendment: Introduced direct elections to the Senate in 1913
● Last amendment in 1992 stated that congressional salaries could only increase after the
next election cycle
, Informal Amendment Process:
● The US Constitution is hard to amend formally so many changes are made informally via
rulings of the Supreme Court
● Eg. Roe v Wade granted American women access to abortion using the ‘due process
clause’ of the 14th Amendment in 1973
Federal Nature of the US Constitution:
● Power is divided between central government and the states in the US (federalism)
● The 10th Amendment states that powers not held by the federal government shall reside
with individual states
● States have considerable powers including power over local taxes, aspects of their
election process eg. primaries or caucuses, whether or not to have the death penalty
● Since the 1930s and FDR’s New Deal, power has shifted towards the federal government
and away from the individual states
● Often clashes between policies/laws made in Washington DC and individual states eg.
1950s/60s Deep South states resisting efforts to desegregate
● Sometimes a direct clash between state and federal law eg. federal law states the sale of
weed is illegal but it is legalised in some states such as California
Debates on the Importance of the US Constitution for the 21st Century:
Criticisms Defences
It is too difficult to amend It provides stability and is also relatively
easy to amend informally
Some of its terms are vague The vagueness of the document allows for
adjustments and new interpretations for
changing times and cultures
Some powers overlap eg. foreign policy Overlap should encourage the different
branches to work together
Not all rights are equally protected eg. This is the fault of lawmakers not the
gender Constitution
Specific clauses are outdated Unhelpful/outdated clauses can be
removed eg. 1933 the 21st amendment
repealed the 18th amendment which
enforced Prohibition
Too much power is given to the Supreme It is better to leave divisive issues to legal
Court experts rather than politicians
