Summary The US constitution and federalism notes and plans
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Course
US constitution and federalism
Institution
PEARSON (PEARSON)
Book
Pearson Edexcel A Level US Government and Politics
To help with Paper 3 government and politics Edexcel on US Politics. The US constitution and federalism notes with table formatted essay plans including quotes and evidence in colour coordination. Info is up to date referencing 2023 as well as past years, including references to Biden's government....
The US constitution and federalism
Vagueness of constitution
- allows constitution to evolve without formal amendment
- Yet there is a lack of clarity which has led to disputes over what is constitutional
- Implied powers
- The absence of a comment on slavery sowed the seeds of division for the American Civil war
- Elastic clause allows federalism to be stretched beyond its enumerated powers e.g when SC
rules in mcCulloch v Maryland that congress had the power to create a national bank despite
its lack of mention in the constitution
Congress-> power to draft citizens into the armed forces was implied from congress's enumerated
power to raise an army
P-> commander in chief to US air force (no airforce existed so wasn’t included)
Judiciary-> judicial review e.g Marbury v Maddison
Reserved powers-10A- not given to federal or prohibited to states are given to the states- shows
federal gov is limited
Concurrent powers- shared by state and federal like tax collecting and road maintenance- constitution
says federal laws supercede state laws
Entrenchment- difficult to amend as it’s protected by A5- amendments needs ⅔ senate and ¾ HofR-
only 27A’s
Amendment process
1. Proposal - thus far all have been proposed by congress
2. Ratification- 27/33 have been ratified
The bulk of rights and later amendments 1791
Why not many amendments
- founding fathers
- Structural changes to congress and polarisation→435 HofR and 100 senate which which is
over double the composition of the first congress + two main parties don't agree
- Vagueness→ e.g. the commerce clause which grants congress commercial authority
- SC judicial review→ expansive interpretation e.g. cruel and unusual punishment
- Americans are cautious
Advantages Disadvantages
Protects the constitution like the separation of Hard to amend outdated provisions- low
powers which Trump called ‘archaic’ when they success rate 3-5%
frustrated his attempt to govern - Changing the electoral college- electoral
college has elected 2 P that have lost
pop vote (trump, bush)- whilst it was
designed as a safeguard its at odds w
modern democracy
- Equal rights A- equal rights A hasnt
been made despite concern for women-
failed support by congress1982
- Balanced budget A- around 140
attempts to pass it
, Protects states and upholds federalism- 10th A Goes against majoritarian democracy- flag
outlines state powers protection amendment have received 50% of
congress but fell short of superman +13/50
states have to oppose an A to block- ‘tyranny
of the minority’ e.g. equal rights A
Required broad support- supermajorities Enhances SC powers to make interp A’s- roe v
needed- in such a diverse country this makes wade- power to 9 unelected
sense
Prevents ill thought out A’s Small states have too much power- 13 smallest
states can block an A
Mistakes made- roe v wade
Key features
● Separation of powers but its separation of institutions sharing powers e.g. Obama’s health
care reform 2010 needed both houses of congress. Exceptions of the rule: VP is P of the
senate with the power of the casting vote in a tie e.g. Mike Pence passed 13
● Checks and balances
○ On P
■ Congress can amend of block leg e.g. Trump wanted to ‘repeal and replace’
Obamacare
■ Congress can override P’s veto e.g Trumps veto of a defence spending bill
was overturned 2021
■ Congress can reject a budget submitted by P
■ Congress can declare war
■ Senate ratifies treaties
■ Senate approves appointed judges and cabinet members
■ Congress can investigate the executive branch e.g. CARES Act which
oversees the effectiveness during covid
■ Congress can impeach e.g. trump impeached by HofR but none have been
impeached by senate
■ SC has judicial review
○ On Congress
■ P can veto leg
■ Executive agreements
■ SC judicial review
○ On Judiciary
■ Congress can propose A’s
■ Congress can impeach
■ Presidential pardon
● Bipartisanship- 53 years has seen a divided gov in congress and for 24 of those years P
hasn't controlled neither of the houses-leads to gridlock- doesn’t control both houses e.g.
CARES 2020. Positives of divided gov is scrutiny of leg as some believe that when P and
congress are of the same party leg goes through easily e.g. congress hasn't rejected a treaty
of a P of its own party since 1935
● Federalism- respected desire for limited government whereby the gov would only do what
was essential leaving the the citizens fundamental power- federalism involves
decentralisation which is suitable for a large country- dual sovereignty
Dual federalism; States had the most gov w/ SC support.
limited federal gov Clear dispersal of power
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