AQA A-Level Government & Politics
Paper 2: Government and Politics of the USA &
Comparative Politics
Chapter 11: Constitutional Framework of the US Govern-
ment
Difference between the US Constitution and the Bill of Rights
The USC is the document that contains the key rules and framework for the USA's govern-
ment, drawn up in 1787 with 27 subsequent amendments
The BoR are the first 10 amendments to the Constitution that the Congress agreed on in
1789 but ratified in 1791; they focus mainly on individual rights
Origins of US Constitution
• At first, the independent 13 colonies were only bound by the Articles of Confederation,
which created a loose commonwealth of states that was not controlled by a President or
any sort of central power
• However, this proved to be unstable (with uprisings like Shays' Rebellion), unappealing
and unsustainable
• To resolve this problem, 55 Founding Fathers met at the 1787 Philadelphian Constitutional
Convention, drawing up a unifying document, which would be ratified in 1788.
Democracy-related features of the USC
It emphasized a representative government, rather than a democracy
• The 'times, places and manner' of elections would be decided on by the states' legis-
latures; they would also choose Senators, until the 17th Amendment was passed
• There was no suggestion of a 'one man one vote' system, a secret ballot or a direct elec-
tion of the President (who is still chosen via an Electoral College)
Its founders' fear of mass democracy was reflected in the document
• Their emphasis was on limited government: power was not only shared between states
and the federal government, but also between the different federal institutions
• Hamilton wrote that a "permanent body" must prevent mob rule (the body would be the
Constitution)
18th Century specific features of the USC
Its content was influenced by the time period, culture and origins of its authors
• The Founding Fathers were all white, Christian male landowners, had slaves and did not
desire a fundamental shift in power away from a wealthy elite
• The USC was diplomatic with regards to its silence on slavery, but this benefitted Southern
farmers rather than the thousands of plantation slaves
Focus-related features of the USC
It was about the framework and structure of government, rather than individual rights
• The 1791 Bill of Rights first detailed the latter
,The order of the Articles was intentional
• Congress came first, as the most important body
• The President came second, envisaged as a troubleshooter, an international representat-
ive and a unifying figure (they did not want to be under the 'tyranny' of a monarch-like fig-
ure again)
• The Supreme Court came last, with very few details on its role - judicial review was not
even mentioned
Difference between implied and enumerated power
IPs = powers of the federal government implied by its role and responsibilities
EPs = powers explicitly spelt out in the USC (also known as delegated powers)
Negotiation-related features of the USC
The document is a compromise in many ways
• The Connecticut Compromise was a deal between small and large states, which made the
Senate have equal representation from each state and the House of Representatives have
representation based on population size
• A three-fifth clause, which made slaves 3/5th of a freeman, allowed large Southern states
like Virginia receive adequate representation
• Some of the Founding Fathers like Hamilton wanted a strong central government, whereas
others like Jefferson preferred such power to lie within individual states - a compromise had
to be made here too
• It ensured that government would only worked effectively if the legislature and executive
worked based on cooperation, not confrontation
Specificity-related features of the USC
The Constitution outlined some things very clearly, but left much unsaid about other things
• Implied powers include Congress needing to look after 'general welfare', which is very
vague
• In other places, there is immense clarity, as the minimum age for the House, Senate & the
Presidency are 25, 30 and 35 respectively
• Explicitly-stated roles exist in the form of enumerated powers, such as the Congress'
power to "coin money" or the President being commander-in-chief
Sovereignty-related features of the USC
The Founding Fathers outlined the idea of constitutional sovereignty
• In other words, it was to be the ultimate source of authority in the United States
• Article VI stated that it would be "the supreme Law of the Land" so neither president nor
Congress could override its provisions
The USC's principle of vagueness/ silence as a strength
• This has allowed the Constitution to evolve and develop over the centuries
• The term 'general welfare' has changed in meaning since the 18th Century, allowing the
government to act based on its modern interpretation
• The 'necessary and proper' clause allows Congress to make laws that will help them ex-
ecute federal powers: in 1924, this was used to promote racial bias with the Immigration Act
,that banned Asian migrants, but in 1965, it was utilized to pass the Voting Rights Act which
forbade racial discrimination
The USC's principle of vagueness/ silence as a weakness
• Its vague aspects have at times destabilized society - by saying nothing on slavery, a sec-
tional divide formed that would culminate in a civil war by the 1860s
• The lack of allusion to democratic principles suggests that the original document was not
so enlightened; women were only enfranchised in 1920 with the 19th Amendment, showing
that the path to being a democracy was long for the United States
• Ambiguity is frustrating in areas like gun rights and war: the Second Amendment pairs 'the
right to bear arms' with the phrase 'a well regulated militia', failing to outline whether ordin-
ary citizens should own them, while the President who is commander-in-chief can clash with
Congress, who has the sole power to declare war
• With the latter, this has meant that the US has only declared war 11 times since 1789
(with the last one in 1942) as the President bypassed the chambers during the Vietnam,
Afghan and the Iraq Wars
The USC's principle of interpretation
• Although not specifically mentioned in the Constitution, the power of judicial review (the
power of the courts to decide whether a law/ action is legal or illegal) has come about,
thanks to the precedent set by the case Marbury v Madison
• Judicial review has meant that the courts clear up doubt or uncertainty by interpreting the
Constitution and using that authority to declare the actions of the executive/ legislature un-
constitutional and thus illegal
• This leads to politicization, as contentious issues like gay marriage are decided upon based
on legal opinion
• It has meant that even landmark cases can be subject to a 'rematch': in 1896, the Supreme
Court upheld racial segregation laws with Plessy v Ferguson but in 1954, Brown v Board of
Education of Topeka reversed this
The USC's principle of gridlock
• The Constitution was designed to promote working together, as the Senate was made de-
pendent on House and the Congress on the President
• The Senate would "cool" the legislation of the House according to Washington whereas
the budget proposed by the President would be approved by the legislature
• However, in the modern era of hyperpolarization, this has meant that there is a tendency
to go into deadlock
• Because of threats of a presidential veto or the Congressional blocking of legislation, vital
laws in areas like immigration have not been passed
• Between December 2018 and January 2019, there was even a 35-day government shut-
down, as the legislature refused to provide enough funding for Trump's wall
The USC's principle of holding elections
• The conduct of elections are placed firmly in the hands of the 50 individual states, with
only a few uniform requirements set out by the laws like the 1965 Voting Rights Act or the
Help America Vote Act of 2002
• This leads to wide variations in the use of early voting or postal ballot, primaries/caucuses
, organisation and the voting rights of ex-felons
• Some use electronic voting machines whereas others use traditional ballot paper; some
like UT mail ballots to all voters automatically while the NY even used lever machines until
2009
• States like GA even have runoff elections according to state law, which took place in Janu-
ary 2021 after the 2 Senate candidates failed to secure 50% of the vote
• This state-based approach has meant that Republican states like KS and MS are able to
change photo ID requirements for voting, which have sparked new false accusations of voter
suppression from Democrats
Difference between the separation of powers & checks and balances
SoP = the doctrine that the 3 elements of government power (executive, legislative and judi-
cial) should be held by separate branches of government in order to prevent tyranny
CaB = a crucial feature of the Constitution's framework in which each branch of government
is limited by the others, preventing too much concentration of power in one institution or
individual
Principle of the separation of powers being significant
• Each branch is checked and limited by the other two
• No person can serve in both the legislature and the executive: Hillary Clinton had to resign
as NY senator in 2009 when she was appointed as secretary of state
• It prevents any one branch from having too much power as well as the 'elective dictator-
ship' phenomenon, which is where a strong government has the executive dominate the le-
gislature
Principle of the separation of powers being less significant
• The US judiciary is one of the most politicized - politicians are involved in the nomination/
confirmation process while the Supreme Court itself possesses immense political power
• A united government with a supportive Supreme Court can mean that the President
wields a lot of power
• Some members of the government have powers affecting more than one branch: the Vice-
President is also the president of the Senate, making Kamala Harris the tie breaker in situ-
ations like March 2021, when she pushed through the American Rescue Plan of 2021 des-
pite a 50-50 vote; meanwhile, the President has the power of the pardon, which overlaps
with the judiciary
Presidential checks on Congress
>> Presidents veto acts or resolutions passed by CONG (or threaten to do so)
• In March 2019, Trump vetoed the resolution to overturn his declaration of a national
emergency
• Obama made 4 veto threats in his 2015 SOTU address, stating that he will veto any law
that dilutes the ACA
>> PRES can issue executive orders to bypass the need for formal legislation
• In April 2021, Biden raised the minimum wage of federal contract workers to $15 an hour
>> PRES can use their commander-in-chief role to deploy US troops overseas without CONG
approval
