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Summary A-Level Edexcel Paper 3 US Constitution notes
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A-Level Edexcel Paper 3 US Constitution notes with examples
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1. US Constitution and federalism1.1 The nature of the US Constitution
Vagueness of the document, codification and entrenchment
The US Constitution is codified which means that it is:
1. Authoritative: on a higher level than ordinary laws of the state
2. Entrenched: hard to amend or abolish and protected by law
3. Judiciable: as the highest form of law, the judiciary judge other laws against it. They decide if other
laws are constitutional or not.
It is entrenched to ensure that a single institution or part could not change it in their own self-interest to
suit their own purposes at any one time. However, the Founding Father’s knew there would need to be
some process for changing it if needed – Article V is the ‘amendment process’.
To avoid becoming outdated, the language in the Constitution is vague, allowing it to be interpreted and
adapted over time.
Codification = written down in one document
It is codified in that it is…
An authoritative set of rules and such is a written document
Sovereignty resides in the Constitution as the source of political authority and power
The ‘rules’ consist of 7 articles;
The first three explain how the branches of government will work; legislature, presidency, judiciary
Key features and terms
The first three articles are known as the enumerated powers…
They are also known as the delegated powers
The powers stated within the articles are therefore all the power that the federal government has.
It does not possess unlimited power – only that given in the Constitution
The Constitution is also vague and specific…
The second feature is linked to the enumerated powers. The Constitution was designed to be both
specific and vague at the same time
It gave each branch of the government some specific powers, but it also left some areas vague
These are known as the implied powers
This means that powers that are not explicitly mentioned but that can be reasonably implied from
the delegated powers
Implied powers…
E.g., The power to draft people into the armed forces is not explicitly written down, but can be
implied from Congress’s enumerated power to raise an army and navy
The right to collect taxes to pay for the armed forces can be implied from the enumerated power to
‘provide for the common defence and general welfare of the United States’
The ‘necessary and proper’ clause…
Most of the implied powers are deducted from Article 1, Section 8 of the Constitution, known as
the necessary and proper clause or the ‘elastic clause’
This allows the federal government to stretch their power beyond exactly what is in the
enumerated powers and therefore allows the laws to adapt to changing circumstances without
changing the constitution
Remember: it is the SC’s role to interpret the constitution so it is usually they who decide how far
the Constitution can be stretched using the elastic clause
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,Reserved powers…
These are the powers not enumerated (given) to the government and instead reserved for the
states
The provision is found in the 10th amendment added in 1791
It states that all powers not delegated to the federal government, or prohibited to the states, are
reserved to the states or the people
Remember: the federalists and the anti-federalists had disagreed in 1787 about how far the
government should be centralised. The 10th amendment is one of the compromises
Concurrent powers…
There are also powers which both the federal government and the states have at the same time
These shared powers cover things like collecting taxes, building roads etc.
Entrenchment or ‘protected from enemy attack’…
To remember the term entrenchment, think of a fortified trench in WW1 protecting soldiers from
the enemy
The Founding Father’s wanted to endure that the constitution would be protected from those who
wished to change or abolish it
To do this they ensured that amending the Constitution was very difficult. It is complicated and
requires super majorities (two-thirds or three-quarters majority)
Strategies to safeguard the Constitution
Federalism:
The Founding Fathers wanted to ensure that the individual states would take responsibility for all
policy areas apart from those clearly awarded to the federal government
The intent was that the vast majority of decisions would be made by people from local communities
who knew and were accountable for their communities
Separation of powers:
The Founding Fathers aimed to keep the different branches of the federal government separate,
thereby limiting their ability to work together to expand their powers (which as it happened, would
undermine federalism)
Bicameralism
Reflecting the Founding Fathers’ expectation that Congress would be the most powerful branch of
government, an additional form of separation was introduced into the legislature.
Congress was made bicameral, consisting of 2 chambers (or houses), the House of Representatives
and the Senate, which would work together in some respects (for example, law making), but which
would also have distinct responsibilities and powers in other respects (for example, the
impeachment of people holding high office in the other two branches)
Checks and balances
To reinforce separation of powers, each branch of government was given responsibility for ensuring
that the others used their powers appropriately and acting as a check on any attempts by another
branch to exceed its powers
For these checks to work effectively the powers need to be in balance with each other. If not, one
branch may be able to exceed its power and the other branches may not be able to do anything
about it
Staggered terms of office
Members of the House of Representatives serve 2-year terms; the president serves for 4-year terms
and Senators serve for 6-year terms.
Thus, even if one party wins all 3 elections in a year when they all coincide, the party has to be
mindful that within 2 years the members of the House will face another election (and voters will
have an opportunity to punish any perceived abuse of power by the party)
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, Indirect elections
The Founding Fathers who treated democracy with suspicion for fear that it could lead to ‘mob
rule’, gave the voters a direct say in only 1 election.
Senators were chosen by state legislatures (until an amendment in 1913) and the President is
chosen by an Electoral College, which, in part, was designed to ensure that if the ‘mob’ made an
irrational choice then the electors could overrule them
Fixed election dates
The constitutional framework (powers) of the US branches of government
The Constitution gives each of the three branches of government – executive, legislature and judiciary – a
set of enumerated powers
Carries out laws - Executive branch: President (President – VP – Cabinet)
Recognises other countries
Negotiates treaties
Grants reprieves and pardons
Vetoes legislation
Nominates federal justices
Commander-in-chief
Powers over the SC: nominates judges; can issue pardons
Powers over Congress: can veto bills; send nominations and treaties to Congress
Makes laws - Legislative branch: Congress (Congress – Senate – House of Representatives)
Collect taxes
Borrows money
Declares war
Regulates trade
Ratifies treaties and appointments
Powers of President: can reject and approve appointments; can amend, delay or reject legislation; can
impeach the president; can use the veto override
Powers over SC: approves judicial appointments; can create lower courts; can suggest constitutional
amendments
Interprets laws - Judicial branch: Supreme Court (SC – other federal courts)
Inference of judicial review
Powers over President: can rule actions of the executive branch, unconstitutional
Powers over Congress: can rule legislation unconstitutional
All other powers not outlined in the Constitution were given to the states to exercise in the 10 th
amendment
Separated powers or sharing powers?
- Political theorist Richard Neustadt claimed in 1960 that the separation of powers in the constitution was
misleading. “The Constitutional Convention of 1787 is supposed to have created a government of
separated powers. It did nothing of the sort. Rather it created a government of separated institutions
sharing powers”
- This does not mean that ‘separation of power’ and checks and balances are the same thing. Rather, the
powers themselves have been broken up and shared, as seen above. For example, the president can
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