1.1 The nature of the US Constitution (Vagueness of the document, codification and
entrenchment, The Constitutional framework (powers) of the US branches of government, The
amendment process, including advantages and disadvantages of the formal process)
Nature of the Constitution
Constitutional First four articles detail the four key institutions of government: Congress, the Presidency, the
Framework Supreme Court and the states
Article V outlines the amendment process
The ‘Supremacy Clause’ establishes the US Constitution as the highest law in the land
Article VII outlines the ratification process
The Constitution has only had 27 amendments – some represent social change or are the products
of conflict, whilst others are extremely important alterations.
Bill of Rights The first ten amendments of the Constitution, passed in 1791
Used to protect the rights of the individual against government power and protecting the power of
the states against federal government
Codification Codified – written in one document – so it is authoritative, entrenched (difficult to amend/abolish)
and and judiciable (other laws can be judged against it)
Entrenchmen It was deliberately entrenched to prevent it from being changed too easily by a single institution or
t political party in their own self-interest
‘Elastic’ Article I, Section 8 states that Congress has the power to “make all laws which shall be necessary and
Clause proper for carrying into execution the foregoing powers”. It is controversial as it allows the justification
of major expansion of the power of the federal government. E.g. McCulloch v Maryland 1819 saw the
ruling that Congress had the power to create a national bank even though this was not explicitly stated
in the Constitution. It has arguably allowed the Constitution to exist for a long time because its
meaning can be adapted without the need for formal amendments. However, the vagueness of the
Constitution can undermine its authority as people reject newly established rulings or political
practices – e.g. in Obergefell v Hodges 2015, some politicians/judges claimed that the Supreme Court
was no longer following the Constitution. In addition, some see the vagueness of the Constitution as
giving the Supreme Court justices too much power through their ability to interpret it along their own
political biases. Also, the Constitution’s lack of clarity leads to disputes, with each side claiming that
their view is more legitimate. For example, there is an increasing divide between the main two parties
over issues such as gay rights and race and policies such as the Affordable Care Act.
Vagueness
The Constitution is often unclear, which often creates disagreement surrounding its original meaning.
Enumerated Powers Implied Powers
Powers held by Congress Powers held by Congress
Collection of taxes and duties The necessary and proper
Borrowing money on behalf of the USA clause
Regulation of commerce Interstate commerce clause
Establishing currency
Establishing post offices
Provision for and maintenance of an army and navy
Organising, training and arming a militia
Exclusive powers to legislative matters of the country
Establishing courts that are subordinate to the Supreme Court
Declaration of war
Amendment of the Constitution (shared with states)
Raise income tax
A number of other powers given to one chamber only
Powers held by the President Powers held by the President
, Heads the executive branch Commander-in-chief of the
Nominates cabinet members, ambassadors and the judiciary armed forces
Proposes measures to Congress
Vetoes legislation
Grants pardons
Powers held by the courts Powers held by the courts
Rules on cases arising under the Constitution, the Laws of the US or Treaties. The power of judicial review
The amendment process
Definition
First an amendment is proposed, either by a two-thirds vote of each house of Congress or by a national convention
called by Congress at the request of two-thirds of the state legislatures. It is then ratified by three-quarters of the
state legislatures and three-quarters of the state conventions. Either states or Congress can propose but only states
can ratify. Modern practice is for Congress to give a deadline for state ratification of proposed amendments,
beginning with the 18th amendment. Notably, both the federal government and the states must agree – federal
government cannot restrict the power of the states without state-level agreement. There have only been fifteen
operating amendments in over 200 years (despite over 11,000 proposals), though many aspects of American life have
changed over this period.
Advantages
It protects key Some political principles/basic democratic ideas are so important that it should be difficult to
principles of change them – e.g. election terms and separation of powers. Whilst principles can be altered
political processes when there is very broad support (through the formal amendment process or Supreme Court
precedents), some ideals are almost immune to this.
It protects states Entrenchment helps to maintain a respect for states’ rights, as is ensured through the 10 th
and upholds amendment, the amendment process and through small states receiving equal representation
federalism in the Senate and electoral college. Proposals to undermine the power of states,, e.g. attempts
to remove the electoral college, have failed through the amendment process. The Supreme
Court has upheld state rights partly due to the entrenched nature of the Constitution.
It prevents abuse This stops one political party from changing Constitutional rules for their own benefit. The
of power current system requires bipartisan support – a single party is highly unlikely to have a two-
thirds majority in each chamber of Congress. E.g. Congress prevented W. Bush from having line-
item veto power in 2006.
It prevents ill- The process involves several institutions and requires cross-party agreement which prevents
thought-through short-term or irrational thinking entering the Constitution. Several amendment proposals can
amendments be seen as reactions to a current event or Supreme Court ruling – e.g. the proposed inclusion
/exclusion of gay rights within the Constitution.
Disadvantages
Difficult to remove e.g. electoral college was established when there were fears around the inability of people to
outdated aspects make rational decisions so elected an electoral college to decide this for them and, whilst they
would never ignore the will of the people today, it leaves it possible for a candidate to win
presidency despite losing the popular vote (e.g. Trump 2016) and smaller states are
disproportionately overrepresented. This undermines core principles of democracy but cannot
be changed due to a lack of support in overrepresented states.
Difficult to Due to its entrenched nature. E.g. gender equality meets huge consensus yet the Equal Rights
incorporate new amendment failed as recently as 1982. An easier process would allow the USA to respect
ideas fundamental rights, show that equality is valued and enable it to become a more modern,
liberal democracy.
The amendment It goes against the idea of a majoritarian democracy as only 13/50 states have to oppose an
process is amendment to prevent its passing. This makes it possible for the smallest 13 states to block an
undemocratic amendment. In Congress, some amendments (e.g. the Flag Protection Amendment) can receive
over 50% votes in the Senate and House but have not reached the supermajority threshold.
,Gives the Supreme Entrenchment gives the nine unelected judges the final say on key issues of institutional power
Court excessive and human rights, particularly because final Supreme Court rulings are very difficult to
power overturn. As justices are not neutral, some argue that this is an example of an imperial
judiciary, in which there are no Constitutional limits because it is virtually impossible to change
judges’ rulings.
1.2 The key features of the US Constitution and an evaluation of their effectiveness today
(Federalism, Separation of powers and checks and balances, Bipartisanship, Limited government)
Key features of the US Constitution
Feature Definition
Federalism A system in which sovereignty is shared between a central (federal) government and individual
states, each having their own specific rights. Balances the need for a central government with the
desire of the original colonies to protect their own interests. Some policies are made at federal level.
By the President and Congress, whilst others are made by state governments. Each state has its own
Constitution, governor, legislature and Supreme Court. Each state is subject to the Constitutional
rules of the US but has a huge degree of control over its own affairs. The Constitution is unclear
regarding federalism and the protection of states’ rights and the power of the federal government
has increased hugely as a response to economic crisis, increased demands for civil rights protection
and greater provision of social policy.
Separation of This refers to a complete division of the system of government into the executive (President), the
powers legislature (Congress) and the judiciary (Supreme Court). No one is allowed to be in more than one
branch at the same time. E.g. Obama had to give up his Senate seat in 2008.This prevents any one
institution or politician from dominating the political system.
Checks and The Founding Fathers imposed a series of restrictions and checks that each branch could impose on
balances another, limiting the ability of the branches to operate in an unrestrained manner and prevents one
institution from dominating. Certain powers are also denied to each of the branches – e.g. the
President can propose legislation but cannot amend it whilst Congress can initiate, amend and reject
legislative proposals. Fearing an unrestrained President, the FF gave Congress the powers to restrain
them heavily.
Executive = Can veto bills, recommend legislation, call special sessions of Congress; appoint
judges to fill vacancies and grant reprieves and pardons
Legislative = Can override Presidential veto, control appropriations (money set aside for specific
purposes), ratify treaties, declare war, refuse Presidential appointments and impeach and
remove the President from office; can refuse judicial appointments, create lower courts, propose
Constitutional amendments to overrule Supreme Court decisions and has authority to impeach
judges
Judicial = Interprets laws and may deem them unconstitutional; may rule that Presidential action
is unconstitutional and judges appointed by the President serve for life
Bipartisanship Compromise is inevitable if decisions are to be made. The division of power means that parties need
to cooperate in order to govern the country and the need for super-majorities for amendments and
for Senates to ratify the treaties also requires an element of bipartisanship. James Madison –
“Ambition must be made to counteract ambition.” When the different branches are controlled by
different parties, they must work together to pass policies and find legislative compromises.
However, with parties becoming more polarised, there is less scope for compromise and Congress
has been less able to legislate, leading to weak government. Some critics have questioned the
desirability of a Constitutional system, whilst others see it as a crisis of political parties in which the
parties themselves are the problem.
Limited The idea that the role of government should be limited by checks and balances and a separation of
Government power because of the corrupting nature of power. The federal government is subject to limitations as
laid out in the Constitution. The Bill of Rights also prevents the federal government from restricting
, the rights of the individual or states. The 10 th amendment protects the power of the states by
declaring that any power not given to the federal government is reserved for the states or people.
For conservatives, and particularly for libertarians, there is a desire to reduce government
involvement in areas such as expenditure (e.g. welfare provision). Social programmes are seen as
part of a ‘big government’ agenda, which is widely rejected in the USA.
2.1 The structure of Congress (Bicameral nature, the membership of Congress and the election
cycle; The distribution of powers within Congress: powers given to Congress in the Constitution,
the exclusive powers of each House and the concurrent powers of Congress.)
Name Function Terms Members
Senate (Upper Sole power to: confirm Staggered 100 Seats – 48 Democrat, 2
house) those of the President’s elections Independent, 50 Republican
appointments that for around Must be a US citizen for 9 years, inhabit
2 per state require consent -which 1/3rd of the state they represent and be at least
are?; to provide advice seats 30
– to who; to ratify occur President – Kamala Harris (D)
treaties – meaning? every two President pro tempore – Patrick Leahy
Takes action on bills, years (D)
resolutions, Term Majority Leader – Chuck Schumer (D)
amendments, motions, length = 6 Minority Leader – Mitch McConnell (R)
nominations and years Majority Whip – Dick Durbin (D)
treaties by voting $174,000 Minority Whip - John Thune (R)
salary
House of Is where government is Every two 435 voting members overall – 221 D, 213
Representatives formed – when and years R, 1 vacant; 6 non-voting members
(Lower house) how Term Must be a US citizen for 7 years, inhabit
Decides matters of length = 2 the state they represent and be at least
Number per national interest – like years 25
state what $174,000 Speaker – Nancy Pelosi (D)
proportional to Represents the salary Majority Leader – Steny Hoyer (D)
interests of people in Minority Leader – Kevin McCarthy (R)
population –
their electorates – how Majority Whip – Jim Clyburn (D)
e.g. Wyoming –
and who Minority Whip – Steve Scalise (R)
1, California -53
Proposes, debates and
votes of bills and
amendments - which
Examines issues in
committees – what and
how
Scrutinises executive
government -
Constitutional powers of Congress
Legislate
The Constitution states that all legislative powers shall be vested in Congress and that it has the power to
overturn a Presidential veto with a two-thirds vote in each chamber.
Representation
Congressional elections are needed. This has been through a direct election since 1913.
Amend the Constitution
