AQA Government and Politics Chapter 11 & 12 : The US Constitution & Comparing Constitutions (Essay Plans)
Updated 2023/2024
This Resource includes 10 9-Mark Question Plans and 3 25-Mark Question Plans collectively for the ‘US ‘Constitution’ and ‘Comparing Constitutions’ topics - als...
US Constitution – Document that contains the key rules and
framework for the government of the USA
Bill of Rights – First 10 Amendments to the US Constitution
Separation of Powers – Executive, Legislative, and Judicial branches
should be separated in order to prevent tyranny
Checks and Balances – Each branch of government is limited by the
others, preventing the concentration of too much power on one
individual or institution
Federalism – System of government whereby states share power with
national government
,“Explain and Analyse three key principles of the US
Constitution” / “Explain and Analyse three ways that the
US Constitution reflects the separation and division of
powers”
Separation of Powers and Personnel
- 2009 = Hillary Clinton had to resign as senator of New York when
appointed Secretary of State
- 2020 = Deb Haaland had to resign as a congresswoman of New Mexico
when Biden nominated her as Secretary of the Interior
- Ensures that no one person can serve simultaneously in the legislature
and executive
Yet this is undermined by how the Vice President also acts as the
Senate President – and has the casting vote in the event of a tie
E.g., 2017 = Mike Pence used this power to confirm Betsy DeVos as
Education Secretary
Federalism
- National Government holds power over nation-based issues such as
declaring wars and signing treaties with foreign nations
- State Governments hold power over state-based issues such as Education
and Smoking/Drinking Ages
- Tenth Amendment = limits power of National Government by delegating
powers to individual states instead
Yet growing power of Federal Government since the New Deal has
arguably upset the balance – 2002 No Child Left Behind Act encroaches
onto state government responsibility
Checks and Balances
- Ensures that no singular branch of government is too powerful
- Presidents can veto acts or resolutions passed by Congress: Obama issues
12 regular vetoes during his two terms in office
- Presidents must also consult with the Senate and seek their approval for
ratification of treaties and executive appointments – including
ambassadors, judges, and cabinet posts
TISB rationale behind this Founding Fathers’ wish for the president
to not hold too much power and risk tyranny (as seen by GB monarch)
Yet there has been growing presidential power over the years – Nixon
took the country to war in 1965 in Vietnam without consulting Congress
first
, “Explain and Analyse three ways in which Congress can
check the President”
‘Nuclear’ Option of Impeachment
- Trump was impeached twice in 2017 and 2019, for ‘high crimes and
misdemeanours’ as well as for facilitating the storming of the US Capitol
on January 6th 2021 and encouraging his supporters to “fight like hell”
respectively
- Concept of Impeachments = less significant, only three presidents have
ever been impeached (Johnson, Clinton, and Trump) and none of which
got convicted
- Yet threat of Impeachment = more significant, large media attention and
the consequential negative publicity serves as a check on the power of the
President
E.g., Nixon resigned in 1974 after threats of impeachment following
the Watergate Scandal
Overturn a Presidential Veto
- January 1st 2021 = Trump’s veto of the annual defence spending bill was
overridden by 81-13 in Congress despite having a Republican majority
- TISB this provides an element of ‘balance’ between the law-making
branches of government, as well as ensuring that acts with popular
support do not get repealed at the discretion of the president only – thus
serving as a significant check on the power of the President
Reject, Amend, or Delay Legislation
- After the 2012 Sandy Hook Elementary School shooting Obama
proposed stricter gun control legislation, yet Congress (divided at the
time) rejected it by 60-40
- TISB this demonstrates how a divided government with a subsequent
lack of unanimous agreement is able to serve as a check on the power of
the President
Yet this isn’t always the case as opposition can come from within –
e.g., Joe Biden’s 2022 Build Back Better Bill was forced to be amended
due to opposition and criticism from fellow Democrat Joe Manchin –
eventually being passed instead as the Inflation Reduction Act 2022
“Explain and Analyse three ways that individual rights
are protected by the US Constitution”
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