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EVERYTHING US POLITICS NOTES ( 150 PAGES+) AQA/EDEXCEL A- LEVEL
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EVERYTHING US POLITICSEverything Ideologies - Ideologies equivalent Doc
The Constitutional framework of US government
US Constitution
Codified Constitution - The US constitution is the basis of all government in the USA and the
supreme law of the land.
Codified
- The constitution is codified, meaning that it is all written in a single document.
- This document was created by a group of men now known as the ‘Founding Fathers’
during the War of Independence from Britain.
- It was ratified in 1788 and came into force in 1789.
Structure
- It consists of 7 articles and 27 amendments.
- The first 10 amendments, ratified in 1791 are known as the Bill of Rights.
Entrenched Constitution - The US constitution is the basis of all government in the USA and
the supreme law of the land.
Entrenched constitution
- The US constitution is entrenched - so it cannot be changed without a supermajority
(2/3rds of votes in Congress).
Article V
- Article V entrenches the US constitution, requiring a supermajority to change
amendments or a ¾ majority in a ratifying convention of the states.
Vagueness - By nature of its age, and being codified and entrenched the US Constitution
can be vague.
Vagueness
- Constitution scholars refer to the constitution containing enumerated powers and
implied powers.
- Enumerated powers are powers that are explicitly given to each branch of
government.
- Implied powers are those that are just suggested or are required for enumerated
powers to be used.
- Implied powers give the Constitution vagueness - they allow Congress the freedom
to make necessary laws and to use powers that the founders had not thought of.
Enumerated powers
- Article I, Section 8 of the Constitution sets out the enumerated powers of Congress.
, - These include the power to tax citizens and spend this money, and the power to
issue a currency.
Implied powers
- Article I, Section 8, Clause 18 gives Congress implied powers, giving it the power to
make all laws “necessary and proper” for its ability to rule.
- The implied powers of Congress have grown since the Constitution was written,
allowing them to make laws concerning matters not mentioned in the Constitution.
- For example, an implied power of Congress is that of the regulation of the sale of
substances, and the banning of the sale of other substances (such as some drugs).
Nature of the Constitution: Positives - There are several positives to the nature of the
constitution, such as the separation of powers, the simplicity, and entrenchment.
Entrenched
- Entrenchment preserves the intentions of the founding fathers and prevents populist
movements from making drastic and poorly thought through changes.
Clarity
- There is a clearly outlined structure of government with separation of powers
between the 3 branches of government, preventing any one person or group to have
too much power.
Simplicity
- The simplicity of a codified constitution allows all citizens to clearly know and
understand their rights.
Vagueness
- The vagueness of the constitution allows it to adapt to the modern world as it can be
interpreted to mean different things.
Nature of the Constitution: Negatives - There are several negatives to the nature of the
Constitution, such as its vagueness and entrenchment.
Vagueness
- The vagueness of the constitution leaves a lot to interpretation, the final say on which
goes to the Supreme Court.
- It is very hard to overturn a Supreme Court decision which arguably gives the 9
justices the ultimate say over important constitutional issues.
- The fact that the US judiciary is politicised and not necessarily impartial makes this
more concerning.
- There is also potential for conflict due to vagueness and differing interpretations.
Extent of federal government unclear
- The Elastic Clause or ‘necessary and proper’ clause in Article I of the constitution
states that Congress is entitled ‘to make all laws which shall be necessary and
proper for carrying into execution the foregoing powers’.
, - The power of the federal government has expanded since the creation of the
constitution.
- This has been allowed due to the vagueness of some areas of the constitution, such
as the Elastic Clause, and has caused regular conflicts between the states and the
federal government.
Difficult to amend
- The entrenched nature of the constitution makes it difficult to amend.
Constitutional Framework
Articles I-III - Articles I-III of the US constitution clearly outline 3 separate branches of the
federal government and their powers. This sets up the principle of separation of powers.
Article I
- Article I grants all legislative powers to the Congress which consists of the Senate
and the House of Representatives.
- It outlines the election process for each chamber and the powers allotted to them.
- Members of the House of Representatives are to be elected every 2 years. Each
state has a minimum of 1 representative and the total number of representatives is
based on the size of the population of each state.
- Members of the Senate are to serve 6 year terms with elections held every 2 years
for 1/3 of the seats. There are 2 senators per state (currently 100 senators).
Article II
- Article II grants executive power to a President who sits for a term of 4 years,
alongside their Vice-President.
- Both will be elected via a system known as the electoral college.
Article III
- Article III grants judicial power to the Supreme Court and any smaller courts.
- There is no term limit for judges.
- Supreme court justices are to be appointed by the President and approved by the
Senate.
Articles IV-VII - Articles IV-VI set out the concept of federalism and the powers of the states,
and Article VII outlines the ratification process for new states to join the union
Article IV
- Article IV sets out the rules for relationships between the states.
- All states have to respect the laws of other states.
- All citizens of states should be treated fairly and equally in all other states.
- The rules for the admittance of new states are outlined.
- All states should have republican governments, rather than being led by a king or
gentry.
, Article V
- Article V sets out the process to amend the constitution.
- Amendments require the formal support (ratification) of ¾ of states and a
supermajority (2/3 of the votes) in both chambers of Congress.
- Another way to pass an amendment is through a Constitutional Convention where
amendments are proposed, and amendments are then ratified by 3/4 of the state
legislatures.
Article VI
- Article VI contains the ‘supremacy clause’ which makes the constitution the highest
law in the USA.
- It also says that "no religious test shall ever be required as a qualification" for public
office.
Article VII
- Article VII outlines the ratification process for the Constitution to be put into place.
Amendments - The US constitution is entrenched. This means that there is a clause within it
that makes it difficult to amend. Article V of the US Constitution sets out the process to
amend the constitution.
The Amendment Process
- The process to amend the US Constitution is as follows:
- Two-thirds (a supermajority) of both houses of Congress have to vote to
introduce an amendment, or two-thirds of states can call a constitutional
convention to propose amendments.
- Amendments require the formal support (ratification) of ¾ of states.
Advantages of the Amendment Process - The amendment process has several advantages -
it is hard to change, it protects the rights of small states, it protects the key principles that the
Founding Fathers intended.
Populism
- The amendment process makes it hard for any one group or populist movement to
amend it.
- Donald Trump tweeted that he could end birthright citizenship (automatic citizenship
granted to someone born in the US), as protected by the 14th amendment, with an
executive order.
- This is not possible.
- If it were this easy to change there could be serious repercussions for civil liberties in
the US.
- This means that amendments are those that are desired by the whole country.
States' rights
- The amendment process protects small states’ rights.
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