US GOVERNMENT
AND POLITICS
GUIDE
1. Constitution
2. Congress
3. Presidency
4. Supreme Court and Civil Rights
5. Democracy and Participation
, US Constitution Revision Guide
1.1 The Nature of the Constitution
Vagueness
• In order to help with the adaptability of the document, many powers and rules are vague.
• Enumerated powers are those which are clearly laid out in the text.
• Implied powers are those which are taken by branches, despite not being clear for example the ‘Necessary and
Proper Clause’ Is used by Congress to justify any expansion of Federal power.
• The Supreme Court makes decisions on this, allowing the Constitution to evolve.
Entrenchment and Codification
• The Constitution is codified, and is therefore well entrenched. Americans value the constitution and It can only
be changed via amendment
The Amendment Process
Federal Level- Proposal Stage States Level- Ratification Stage
2/3rds of both houses of Congress agree to amendment 3/4s of State Legislatures agree to amendment
2/3rds of States call a national constitutional 3/4s states hold state constitutional conventions and
convention to propose amendment vote to ratify amendment
• There have been 27 amendments.
• Bill of Rights make up the first 10- Right to free speech, bear arms etc. 10th ensures they are reserved powers just
for states (protecting federalism)
• Civil war amendments 13-15th, abolished slavery and protected AAs citizenship.
• 16th amendment allowed for income tax.
• 19th and 26th deal with voting, making it legal for women to vote and then reducing the age to 18.
Advantages of Process Disadvantages of Process
• Supermajorities ensure support- 2/3rds of • Difficult to remove outdated aspects- Provisions
Congress is needed and 3/4s of states are needed such as the Electoral College no longer apply in
ensuring amendments cannot be passed without modern times, but cannot be removed.
wide support. • Difficult to incorporate new ideas- Amendments
• Prevents bad amendments- The slow and difficult seeking to modernise the Constitution can be
process ensures that knee-jerk decisions can’t be difficult to pass. The Equal Rights Amendment
made. Imagine how the aftermath of 9/11 could failed despite wide support.
have changed the constitution. • Can be stopped by a minority- As ¾ of states are
• Prevents tyranny/abuse of power- The process needed, a mere 13 states can block an amendment.
requires bipartisan support and a wide range of • Supermajorities are difficult to achieve- many
states support. Impossible for one party or amendments may receive 50%, but cannot achieve
President to force through a change. 66%
• Protects Federalism- The Fed. Govt. is unable to • Empowers the Supreme Court- Due to difficulty,
easily change their relationship with states ensuring changes are then expected from the Supreme Court
states maintain their sovereignty- 10th amendment making them more political and powerful.
is safe. • Mistakes have been made- the 18th amendment
• It works- There have been amendments to the banned alcohol, that was a failure, so the 21st
Constitutions allowing for well supported change amendment legalised alcohol again.
,1.2 Principles of the Constitution
Federalism: (See below)
Separation of powers and Checks and Balances
• The Constitution clearly separates the US into three branches- Executive- President, Legislative- Congress, and
Judiciary- Supreme Court.
Branch Checks on Congress Checks on President Checks on Supreme Court
Congress / • Can amend or block legislation • Can impeach judges.
recommended by President. • Propose amendments
• Can override Presidential veto with a • Confirm judges.
2/3rd majority.
• Power of the Purse- can reject budget
or remove funds from President’s
policies.
• Can declare war
• Ratifies treaties
• Confirms all Presidential
appointments
• Impeachment
• Investigation- can create committees
to investigate Federal conduct.
President • Can veto laws congress / • Can pardon criminals of
send him crimes.
• Can recommend • Can appoint judges to the
legislation in State of Supreme Court
the Union Address
Supreme • Power of judicial • Power of Judicial Review, can declare /
Court review, can declare laws actions of Fed. as unconstitutional.
unconstitutional
Bipartisanship- we have divided Govt. now!
• The founding fathers were worried about political parties and partisanship, so designed the constitution to force
cooperation.
• This is fostered:
o Elections are staggered, House is every 2 years, President is every 4 years, and Senate every 6 years (only
1/3rd elected each time). So unikely all three will be same party.
o Checks and balances mean cooperation is needed.
o Supermajorities are needed for many measures ensuring two parties work together.
• When the President and Congress come from different parties, this is known as ‘divided Government’- 2020 is
divided Govt. This is usually the case- between 1969-2016, 35.5 years with divided government
• Some argue that divided government is good for Govt. Means bills/confirmations are more scrutinised. When
Bush had a united Govt. he was able to easily have war in Iraq.
• Some argue divided government is bad. Means partisanship increases and gridlock. This can be seen through the
attempted impeachment of Bill Clinton. Trump and the Democrats in the House have had an awful relationship
since 2018- Impeachment, Subpoenas etc. COVID relief bill being delayed etc.
Limited Government
• Government is limited in many ways- Separation of Powers, strict checks and balances, and the Bill of Rights.
1.3 Federalism
History and types
• Federalism was put in the constitution to ensure that the sovereignty of the state was protected through
reserved powers.
, • Phases:
• Dual Federalism (1787-1930s) States and Govt. have equal power, but in separate areas (Layer Cake)
• Cooperative Federalism (1930-1960s) The division between the two became blurred and the Govt. grew in
power (Marble Cake)
• New Federalism/ZigZag Federalism (1960s-) Attempt to try and return powers to the states (depends on
President)
Changes under Bush
• 2002 Education reform- No child left behind act increased power of Fed. Govt. in State Education, mandated
tests at certain ages and increased federal funding.
• Massively increased Medicaid in 2003, requiring states to provide more healthcare for their senior citizens.
• Increased size and power of military and homeland security, increasing power of Fed. Govt.
• Took control of Freddie Mac and Fannie Mac mortgage companies- Bailed out Wall Street. Increasing
intervention of Fed. Govt. in economy.
Changes under Obama
• Obama massively increased power of Fed Govt. through the American Recovery and Reinvestment Act- injecting
$787 Billion into economy
• Obamacare made it mandatory for citizens to have healthcare insurance, states had to provide this (Fed. Govt.
would pay, costing $938 billion) BUT.. Supreme Court made it less extreme, protecting state rights.
• Obama signed two executive orders in 2012 and 2014 to make many illegal immigrants legal citizens (those
under 31, who had completed a High School Diploma).
Changes under Trump
• Trump has tried to use ‘coercive federalism’ forcing states to follow his policies or lose federal funding.
• This is usually due to immigration:
o Executive Order of 2017 to remove federal funding from Sanctuary cities (this was eventually declared
unconstitutional by Supreme Court in August 2018)
o Trump sued California over three laws they passed to stop ICE in their state (one of the laws was
declared unconstitutional)
• Trump has been more prone to using the Attorney General to sue and try and force States to follow Federal
policy.
• States have been seen to promote progressive Federalism, this can be seen where Liberal States resist Trump:
o More and more states are legalising marijuana, despite Trump seeking to enforce federal laws.
o California is seeking to still enforce the Paris Climate Deal.
o Sanctuary cities in several states.
o States suing Trump over immigration executive orders and environmental executive orders.
Changes under Coronavirus
• States have regained some power due to having to design their own COVID policies. Gov. Andrew Cuomo in New
York and Gov. Gretchen Witmer of Michigan.
• States being used as ‘laboratories of democracy’ to establish good COVID practise.
• States have grouped together to combat it The Western States Pact- California, Oregon, Colorado and Nevada.
Similar organizations in East and Mid-West.
• However, Trump has undermined many states in their ability to combat the virus by not supporting states who
locked down. He has tweeted support of anti-lockdown protestors in Michigan (and many many others) and
generally pressured Republican Governors to re-open early, in Florida for example. This has politically reduced
the power of some Governors to dictate their own COVID policy.
Changes under Biden
• Biden has enforced mask/vaccine mandates in Federal areas, and stated that from Jan 4th 2022 any company
with over 100 employees must have a COVID mandate (vaccinations or negative testing etc.) Several states suing
currently.
• However, many states have passed their own laws banning such mandates despite protests from Biden, with
mandates being illegal in state area (so Federalism still working?)
