Aspects Key points Key examples
Constitution Constitution is codified, entrenched, judiciable and contains principles of federalism.
The supremacy clause makes it the highest body of law in the USA.
The elastic/’necessary and proper’ clause has allowed the constitution to last as long as it has by empowering Congress to make the laws necessary to
fulfil its role. Has been criticised for allowing Congress to make laws which are not explicitly expressed in the Constitution whilst others argue that it is
necessary for the Constitution to be applied in modern society.
The vagueness of the Constitution creates conflict surrounding its interpretation, with some believing that this concentrates too much power in the
hands of unelected justices. Others believe that it was intentional/has extended the life of the Constitution, allowing judges to apply traditional basic
values to modern circumstances.
The amendment process protects key political principles, prevents tyranny and the abuse of power, states’ and individuals’ rights are protected by the
entrenched principles of federalism and the detailed debating process creates quality policies and deters the likelihood of ill-thought out legislation.
The amendment process can make removing outdated aspects and incorporating new ideas difficult, as well as countering ideas of a majoritarian
democracy and arguably giving the SC excessive power.
The USA pursues a system of separation of powers, which sees all the different branches separate from each other, in order to prevent the domination
of one branch over the political system. One cannot take residence in more than one branch. Each branch possesses a series of checks and balances
that it can enforce on the others, with varying degrees of force.
Federalism protects states’ rights against the federal government by preventing the latter from reducing the former’s power without the former’s
consent. Furthermore, recent rulings have further reduced the power of the central government over states.
The president’s checks and balances include: proposing and amending legislation, presidential veto, appointing justices at a time of vacancy, calling
special sessions of Congress and granting reprieves/pardons
Congress’s checks and balances include: debating, voting on and amending legislation; determining funding for presidential/president-supported
projects; ratifying executive appointments and treaties; overturning a presidential veto; amending the constitution to overturn a SC decision; control
over appropriations; declaration of war; impeachment and removal of President from office; impeachment of judges; and the creation of lower courts.
The SC’s checks and balances include: judicial review to rule Presidential/Congressional action as unconstitutional; life tenure.
Bipartisanship is required in the current system to amend the Constitution, as a supermajority is required, which is very unlikely to be achieved by one
party alone. The increased polarisation of parties has prevented Congress from being able to act, leading to a weak government. This has led some to
criticise the nature of the Constitutional system, whilst others blame the parties themselves.
There is a notion regarding the desirability of limited government, implying that, due to the corrupting nature of power, the government should be
limited by checks and balances. Federalism restricts the power of the federal government over states. In the USA, many, most notably Conservatives,
reject the idea of ‘big government’ and reject widespread social welfare ideas or interventionist economic methods.
Congress Congress consists of 435 members of the House of Representatives (delegates – 2 year terms) and 100 Obama vetoes Affordable Care Act Re
members of the Senate (trustees – 6 year terms). 2013 budget shutdown – many worke
The Senate’s exclusive powers are: ratification of treaties and appointments, appointment of the VP if no check would come, many didn’t go to
candidate gains over 50% of the vote, and trying impeachment cases. Shelby v Holder (2013) – overruled se
The HoR’s exclusive powers are: beginning all consideration of money bills, impeachment and appointing federal government vet all voting rest
President if no candidate gains over 50% of the vote discriminatory
The constitutional powers of Congress are to legislate, represent, declare war and (shared with states) In 2013, the Senate passed immigratio
amend the constitution. House
Congress’s checks and balances include: debating, voting on and amending legislation; determining funding In 2017, Trump was unable to pass Am
, President of the Senate is the VP (Kamala Harris), majority leader is Chuck Schumer whilst minority is Mitch no appointments were to be made so
McConnell then elected under Trump, whilst Am
Speaker of the House is Nancy Pelosi shortly before the 2020 election.
Congressional elections use FPTP and both chambers are elected to single-member constituencies. In 2014, Congress blocked a UN disab
Primaries occur when more than one candidate wishes to represent the same party for a seat. Clinton was impeached in 1999 but no
Midterms can increase presidential power by increasing their majority in one or more house, but it is far House Committee on Oversight and R
more likely for presidential power to be weakened and for the President to lose one or more chambers. executive and investigated Hillary Clin
Midterms are essentially a referendum on the President’s first two years in charge and, due to the cultural working as secretary of state.
attitude rejecting government intervention, Americans often seek to reduce government power here. Each Committee on Benghazi was created i
party runs a national campaign based around a common party platform, usually under the leadership of the was killed there.
House speaker and minority leader, evidencing their powerful position. In 2017, Devin Nunes was criticised fo
Most incumbents win their seat again in the next election. This is because they are able to use their office to during investigations regarding allege
establish popularity and attract donors, use gerrymandering to their advantage, implement pork barrel When Congress and the states lowere
legislation and boast a higher financial advantage which can improve their campaign. The high incumbency overturned the Oregon v Mitchell ruli
rate can be seen as a threat to US democracy by exemplifying ineffective representation. Congress attempted to remove judge
Gerrymandering refers to the redrawing of constituency borders in a manner that benefits one party. This is In 2009, several Democrats dropped t
often through drawing the borders around different social groups. The redrawing occurs every 10 years and Care Act after meeting with and listen
is orchestrated by the party in charge, allowing for this to be warped in their benefit. All Republicans but also 11 southern D
Pork barrel legislation refers to members of Congress proposing amendments to legislation which will bring with the latter largely due to the influ
benefits to a particular group. Earmarks refer to an amendment added by a politician to add expenditure to Congressional Black Caucus has aroun
a bill that benefits their constituency. This is criticised as undemocratic for concentrating the benefits of bills Democrats
towards particular groups, and is also criticised for promoting unnecessary spending. Congressional Steel Caucus represent
Parties tend to be weak, with leaders who lack the control to significantly influence voting behaviour, American Association of Retired Perso
although they do possess minimal whips/patronages. Parties often do not vote as one bloc and are more Obama was prevented from passing g
tied to constituency opinion than overall party lines. There has, however, been a rise in partisanship which sizeable weight of the minority voice
can make passing a party’s agenda easier during united government but creates legislative gridlock during Party unity scores for 2013-14 congre
divided government. It can also cause an increase in checks on the President and therefore a reduction in Democrats
their power. Blue Dog Democrats represent a cros
Congressional policies can be limited or significantly impactful; they can limit or extend civil liberties and Democrat and Republican Senators w
implement radical social change. Many federal acts restrict states’ ability to control their own affairs, ‘Gang of 8’ to pass immigration reform
creating conflict. Many believe that Congress’s impact on policy is limited by the difficulties of enforcing The 112th/13th Congressional sessions
change whilst others believe that this is necessary to reduce the government’s dominance. fewer substantive laws than in 1999-2
Caucuses refer to groups in Congress which may vote along the same lines due to shared characteristics. Congress attempted to exert military
They can display a lack of party unity through the prioritisation of other aspects, such as constituency Susan Collins, Republican representati
values. against her own party.
Factions refer to the different ideological groups within political parties, which can undermine their unity by In 2014, the unpopular Democrats los
exemplifying the lack of consensus within the party as a whole. In such a large country, yet with a two-party The 2017-19 Congress was the most r
system, America’s parties have been described by some as respective multi-party systems due to the lack of Congress and 10% of the population w
party unity and significance of factions on Congressional voting behaviour. population).
