US 9 Markers
Explain and analyse three principles of the US Constitution.
Point 1
US Constitution is codified and therefore entrenched and difficult to change
o Provides framework of government from 1787 within single written document
outlining relationship between different branches of govt., establishing relationship
between federal government, states and citizens
Entrenched amendments – positive rights for citizens through Bill of Rights added in 1791
1st amendment – freedom of religion, speech, assembly and petition
o Texas v. Johnson 1989- S.C ruled 5-4 that burning American flag was protected as free
speech after Johnson charged with violating Texan law
2nd Amendment – right of people to keep and bear arms
o United States v. Miller 1939
o S.C upheld the national firearms Act – which required registration of all sawn-offs –
argued they aren’t ordinary military equipment so not protected
o DC v. Heller 2008
o Ruled 5-4 that a law banning handguns in DC was unconstitutional under 2 nd
Amendment
9th Amendment – just because some rights aren’t included don’t mean they don’t exist
o Griswold v. Connecticut 1965
o Supreme court ruled ban on contraceptives was unconstitutional because of right to
privacy which was implied in 1st 3rd and 14th amendment
Point 2
Separation of powers – legislative, executive and judicial powers of the three branches are
separate - Checks and balances
o Members of Congress cannot simultaneously hold office in the executive branch,
while the President and Vice President are selected independently of Congress and
removable by Congress, ensures that the executive is limited in its ability to push
through bills without a system of checks and balances - Porter Goss’s resignation
from the House of Representatives in 2005 to accept an appointment as Director of
Central Intelligence or Norman Mineta in 2003 to accept an appointment as Secretary
of Transportation.
o 2008 George W. Bush vetoes Medicare Improvements for Patients and Providers Act
2008 – Representatives voted 383-41 and Senate voted 70-26 – vetoed the veto
Congress has power of the purse
o Foreign Assistance Act of 1974 – cut all military funding for govt. of South Vietnam
forcing end to Vietnam war
Supreme Court can strike down unconstitutional laws, but congress can amend constitution
o Pollock v. Farmer’s loan and Trust Co 1895- Supreme Court declared federal income
tax to be unconstitutional
o Congress passed the 16th Amendment – giving Congress power to impose direct
income tax
Point 3
Federalism set out in constitution by 10th Amendment
o 10th Amendment
Federal govt. power limited to those given by Constitution and everything
else left to the state
, Printz v US 1997- Brady Handgun violence Prevention Act required local
authorities to perform background checks on people buying firearms –
federal govt. can’t force states to enforce federal law – S.C said it was
unconstitutional
o Enumerated powers – written in constitution
o Delegated powers – what states delegated to federal government
McCulloch v. Maryland 1819 – a Law in Maryland required the Bank of the
US to pay a tax which it refused to pay
Supremacy clause meant that Maryland couldn’t tax the national bank –
necessary and proper clause
o New Federalism
National minimum drinking age act 1984- congress didn’t have power to
introduce national minimum drinking age but it had money so it gave states
highway funds – said states would lose 10% of their highway funds if they
allowed people under 21 to drink – bribed states into doing what they
wanted
South Dakota v. Dole 1987 – S.C ruled 7-2 that it is constitutional for
Congress to attach reasonable conditions to grants given to the states under
the spending clause
o Minimum wage levels – June 2014- Seattle city council voted to raise city’s minimum
wage to $15 an hour – far higher than national minimum of 7.25
Clash between state and federal law
Gonzales v. Raich 2005- S.C ruled federal govt. could ban the growth of
medical marijuana in states that legalised its use- even though the drug was
never intended to cross state lines – argued the growth of marijuana could
still affect national market for drugs and so therefore fell under congress’
power to regulate interstate commerce
In Washington and Colorado – state police wont arrest you for possession
but federal officials could
Explain and analyse three policy differences between the Republican
and Democrat parties.
Point 1
US Economy, National Debt and Deficit
Democrats - generally more comfortable increasing deficit, if they believe that doing so is
necessary to help the economy.
o Obama was first elected in 2008- ‘Great Recession’- Democrats proposed the
American Recovery and Reinvestment Act (2009), a stimulus package that invested
over $787 billion in infrastructure, education, health, energy and welfare for those
badly affected by the recession.
o Progressive Democrats actually wanted an even larger stimulus
Explain and analyse three principles of the US Constitution.
Point 1
US Constitution is codified and therefore entrenched and difficult to change
o Provides framework of government from 1787 within single written document
outlining relationship between different branches of govt., establishing relationship
between federal government, states and citizens
Entrenched amendments – positive rights for citizens through Bill of Rights added in 1791
1st amendment – freedom of religion, speech, assembly and petition
o Texas v. Johnson 1989- S.C ruled 5-4 that burning American flag was protected as free
speech after Johnson charged with violating Texan law
2nd Amendment – right of people to keep and bear arms
o United States v. Miller 1939
o S.C upheld the national firearms Act – which required registration of all sawn-offs –
argued they aren’t ordinary military equipment so not protected
o DC v. Heller 2008
o Ruled 5-4 that a law banning handguns in DC was unconstitutional under 2 nd
Amendment
9th Amendment – just because some rights aren’t included don’t mean they don’t exist
o Griswold v. Connecticut 1965
o Supreme court ruled ban on contraceptives was unconstitutional because of right to
privacy which was implied in 1st 3rd and 14th amendment
Point 2
Separation of powers – legislative, executive and judicial powers of the three branches are
separate - Checks and balances
o Members of Congress cannot simultaneously hold office in the executive branch,
while the President and Vice President are selected independently of Congress and
removable by Congress, ensures that the executive is limited in its ability to push
through bills without a system of checks and balances - Porter Goss’s resignation
from the House of Representatives in 2005 to accept an appointment as Director of
Central Intelligence or Norman Mineta in 2003 to accept an appointment as Secretary
of Transportation.
o 2008 George W. Bush vetoes Medicare Improvements for Patients and Providers Act
2008 – Representatives voted 383-41 and Senate voted 70-26 – vetoed the veto
Congress has power of the purse
o Foreign Assistance Act of 1974 – cut all military funding for govt. of South Vietnam
forcing end to Vietnam war
Supreme Court can strike down unconstitutional laws, but congress can amend constitution
o Pollock v. Farmer’s loan and Trust Co 1895- Supreme Court declared federal income
tax to be unconstitutional
o Congress passed the 16th Amendment – giving Congress power to impose direct
income tax
Point 3
Federalism set out in constitution by 10th Amendment
o 10th Amendment
Federal govt. power limited to those given by Constitution and everything
else left to the state
, Printz v US 1997- Brady Handgun violence Prevention Act required local
authorities to perform background checks on people buying firearms –
federal govt. can’t force states to enforce federal law – S.C said it was
unconstitutional
o Enumerated powers – written in constitution
o Delegated powers – what states delegated to federal government
McCulloch v. Maryland 1819 – a Law in Maryland required the Bank of the
US to pay a tax which it refused to pay
Supremacy clause meant that Maryland couldn’t tax the national bank –
necessary and proper clause
o New Federalism
National minimum drinking age act 1984- congress didn’t have power to
introduce national minimum drinking age but it had money so it gave states
highway funds – said states would lose 10% of their highway funds if they
allowed people under 21 to drink – bribed states into doing what they
wanted
South Dakota v. Dole 1987 – S.C ruled 7-2 that it is constitutional for
Congress to attach reasonable conditions to grants given to the states under
the spending clause
o Minimum wage levels – June 2014- Seattle city council voted to raise city’s minimum
wage to $15 an hour – far higher than national minimum of 7.25
Clash between state and federal law
Gonzales v. Raich 2005- S.C ruled federal govt. could ban the growth of
medical marijuana in states that legalised its use- even though the drug was
never intended to cross state lines – argued the growth of marijuana could
still affect national market for drugs and so therefore fell under congress’
power to regulate interstate commerce
In Washington and Colorado – state police wont arrest you for possession
but federal officials could
Explain and analyse three policy differences between the Republican
and Democrat parties.
Point 1
US Economy, National Debt and Deficit
Democrats - generally more comfortable increasing deficit, if they believe that doing so is
necessary to help the economy.
o Obama was first elected in 2008- ‘Great Recession’- Democrats proposed the
American Recovery and Reinvestment Act (2009), a stimulus package that invested
over $787 billion in infrastructure, education, health, energy and welfare for those
badly affected by the recession.
o Progressive Democrats actually wanted an even larger stimulus
