These notes, exploring the governmental institutions and functions of US government, provide detailed, condensed information, accompanied by summary boxes at the end of each page and clear comparative notes with UK government. These notes are a combination of textbook resources, classwork and wider...
,POSSIBLE EXAM QUESTIONS ORIGINS AND NATURE OF THE US CONSTITUTION
Article of Confederation, formed by the 13 American states in 1781 following the
• ‘Explain and war of independence, created government. A constitution was formed by the
analyse three Founding Fathers in 1787. It ensured constitutional mechanisms were enforced so
key features of government was accountable to the people and the state.
the US
constitution’ (9 KEY FEATURES
marks)’ • REPRESENTATIVE GOVERNMENT- A government of representatives, accountable
to direct elections.
• ‘Explain and • FEAR OF MASS DEMOCRACY- Hamilton believed ‘nothing but a permanent body
analyse three can check the imprudence of democracy
key principles • OUTDATED- Nearly all Founding Fathers were white Christian males, slave and
of the US land owners who supported the wealthy elite.
constitution (9 • SLAVERY- The constitution was diplomatically silent surrounding this area.
marks)’ • NO FOCUS ON INDIVIDUAL RIGHTS- Only came through the Bill of Rights 1791.
• ORDER OF ARTICLES- Intentional, Congress comes first, a reflection of wanting
to escape ‘tyranny of one monarch’.
• A COMPROMISE- demonstrated through the Connecticut Compromise, the three
fifths clause and the balance of power between federal government and
individual states.
• NEGOTIATION, NOT COMPETITION- applies to the executive and legislative.
• FEAR OF POWER- Limited government was essential to keep the balance of
individual and the rights of government.
• VAGUE- Implied and enumerated powers
• ACTS AS A FOCUS OF LOYALTY AND ATTACHMENT- Can be polarising, however.
• SOVEREIGN- Neither the President nor Congress could override this.
KEY PRINCIPLES
• NEED FOR A REFEREE- SC’s most powerful tool is judicial review; can declare
laws unconstitutional and can interpret the constitution. Not specifically
mentioned in the constitution, reflection of vagueness. Undergone politicisation.
Rulings aren’t binding and can be overturned, eg. Roe v Wade (1973).
• VAGUENESS- This has allowed the constitution to evolve over centuries.
However its vagueness on areas such as slavery resulted in events such as the
1860s Civil War. Polarising in areas such as gun laws. Questions raised over
The American constitution was formed by the founding fathers in 1787 following the war of
independence. Its key features include there must be a representative government, it was built upon the
fear of mass democracy, it is outdated, silent surrounding slavery with no focus on individual rights, it
had a specific order of articles, it was built upon a compromise, it should encourage negotiation not
competition, a fear of power, it is vague and sovereign. Its key principles include a need for a referee,
such as the Supreme Court, it is vague, regularly creates gridlock and it encourages elections.
,POSSIBLE EXAM QUESTIONS • Whether the ‘right to bear arms’ applies to everyone or people with military
experience. This lack of clarity results in inevitable supreme court intervention.
• ‘Explain and • THE GAME OF GRIDLOCK- All laws must be approved by both congressional
a n a l y s e t h re e chambers. It was hoped by frame-makers that the Senate would neutralise the
ways in which passion and populism of the House. Deadlock is increasingly frequent;
the executive can government shutdowns, eg. 35 days between December 2018- January 2019
check other over Trump’s Mexican boarder wall propositions.
branches of
• ELECTIONS- Individual states are responsible for election organisation. Some
government (9
assistance eg. Help America Vote Act 2002, however the conduct of elections is
marks)’
left for states to decide. Some states, such as Utah, automatically mail ballots to
their constituents.
• ‘Explain and
a n a l y s e t h re e
ways in which SEPARATION OF POWERS AND CHECKS AND BALANCES
the US judiciary Describes three branches of government, the legislative, executive and judiciary.
can check other Checks and balances describes the power each branch has over other branches.
branches of Can be applied at federal, state and local levels. The federal government is
government (9 republican, run by representatives of the people and law, the states are a
marks)’ federation, a union of sovereign states and each state has a republican
government. Legislative branches are subdivided into a bicameral house and a
senate that check each other. The judicial branch is separated into higher and
lower courts.
• EXECUTIVE CHECKS AND BALANCES- Presidents can veto congressional
legislation. The threat of veto may dissuade congress from passing measures.
Can bypass the need for formal legislation and can deploy US troops. Nominate
all federal justices. Can issue pardons to those convicted of federal crimes.
• LEGISLATIVE CHECKS AND BALANCES- Presidential veto can be overturned by a
2/3 majority in both houses. The Senate must confirm Presidential appointments
by a majority. Congress has power of the purse. Congress can impeach federal
justices and remove them from office. SC verdicts can be overturned by a
constitutional amendment.
• JUDICIAL CHECKS AND BALANCES- The courts can declare Acts of Congress or a
President’s actions to be unconstitutional and therefore affectively require them
to be repealed.
SIGNIFICANCE OF CHECKS AND BALANCES
The US adopts a clear separation of powers between the judicial, executive and legislative branches of
government to prevent dominance in one area. There are many checks and balances to ensure that no branch of
government is more powerful than another, for example, the executive checks include the president being able
to veto congressional legislation, and legislative checks include a presidential veto being overturned by a 2/3
majority in both the House of Representatives and the Senate. Most checks and balances, however, are difficult
to enforce due to congressional gridlock and the rarity of their nature, eg. Impeachment.
, POSSIBLE EXAM QUESTIONS • Encourages political players to get around constraints. Many Presidents prefer
negotiation, such as Obama’s Nuclear agreement with Iran. Not too much power
• ‘Explain and is placed in the hands of a single person, although Presidential power has risen.
a n a l y s e t h re e Divided government is increasingly frequent, eg. When Obama lost the Senate in
developments in 2014 and the Affordable Healthcare Act was significantly watered down. Most
US federalism (9 powerful checks and balances, such as impeachment are never used, never
marks)’ occurred in history, although Nixon resigned in 1974 upon suspected removal.
• ‘Explain and AMENDMENTS TO THE US CONSTITUTION
a n a l y s e t h re e
Only 27 amendments been made in 200 years. Many features of the constitution
amendments to
the US are outdated and vague, eg. The second amendment. Hard for the constitution to
constitution (9 renewed or updated in areas such as rights. Constitution may be updated through
marks)’ SC ruling, eg. Roe v Wade 1973, known as an informal amendment. Conservatives
think decisions should be left to the legislatures whereas liberals think the
constitution is a living document capable of being reinterpreted for a modern age.
Passing an amendment can be done in two ways
• ROUTE 1- By a 2/3 majority in both Houses then at a constitutional convention
called by 2/3 of states.
• ROUTE 2- 3/4 of state legislatures must then ratify it. 3/4 of state legislatures
must then ratify it at special state ratifying conventions.
Significant amendments include the “Reconstruction amendments” (13th, 14th and
15th). The 13th abolished slavery in 1865, the 14th gave citizenship to former
enslaved people and gave them equal protection, and the 15th ensured voting
rights for everyone.
FEDERALISM
CHANGES TO US FEDERALISM
• THE CIVIL WAR (1861-5)- Fought the abolition of slavery and surpassed the idea
of states’ rights as the North won.
• POST CIVIL-WAR ERA- the South saw the emergence of legalised racial
segregation. Successfully challenged by federal government in the 50s and 60s.
• THE 16TH AMENDMENT (1913)- Allowed for a national tax income. Only
amendment to extend the power of central government
• THE NEW DEAL (1930S)- WWII and the Great Depression required an increase in
Many features of the Constitution are vague and outdated and require renewal through amendments. The
most significant are the ‘reconstruction amendments’ which abolished slavery and granted citizenship to
all former slaves in the 19th century. An Amendment isn’t the only path available to renew the
constitution. This may be done through a supreme court ruling, such as Roe v Wade in 1973.
Conservatives think decisions should be left to the legislature whereas liberals see the constitution as a
living document that can be reinterpreted for a modern age.
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