1. Constitution

Question 1

Nature of the Constitution - A codified constitution

Answer 1

Strengths - people can clearly see what their rights are as well as the powers of the government and their limitations. E.g. The Preisdent has the right to veto legilsation Trump vetoed the Iran War Powers Resolution 2020 - it was a joint resolution to direct the removal of United States Armed Forces from hostilities against the Islamic Republic of Iran that have not been authorized by Congress.

Weaknesses - In practice it is not entirely codified as Judicial Review can mean that rights and powers are extended beyond the meaning of the written words e.g. Roe V Wade 1973 meant that the 14th amendment right to privacy protected the right to an abortion

Question 2

Nature of the Constitution - A blend of specificity and vagueness

Answer 2

Strengths - Allows for the government to adapt with the progress of society while making restrictions to its power in a clear way e.g. Congress has also taken action to address modern issues that are not explicitly addressed in the Constitution like healthcare with the Affordable Care Act 2010

(stronger) Obergefell v. Hodges 2015 - effecctilvey legalised gay marriage in the US through the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment

Weaknesses - Government can sometimes use the vagueness of parts of the constitution to grow its power e.g. the implied power of the executive to make executive agreements has allowed the executive to bypass the Senatorial scrutiny on what is otherwise just a treaty. In 2015 Obama negotiated the Joint Comprehensive Plan of Action (the Iran nuclear deal), limiting Iran’s nuclear capabilities in return for the lifting of sanctions. As this was not labelled a ‘treaty’ but instead an executive agreement it did not require approval from the US Senate

Question 3

Nature of the Constitution - Its provisions are entrenched

Answer 3

Strengths - Means that amendments to the Constitution that undermine already enumerated rights are far harder to pass e.g. the 2006 Flag Burning Amendment failure as it would infringe of free speech (1st Amendment)

Weaknesses - Makes it difficult to pass policy to solve large societal issues if they are protected by the Constitution e.g. the 2nd amendment right to bear arms means that solving the issue of gun violence is extremely difficult despite there being more than 1 mass shooting a day in the US in 2023

Question 4

Principles of Constitution - Separation of powers

Answer 4

Working - After the 2008 election President Obama, VP Biden and Hillary Clinton (secretary of state) all had to leave their seats in the Senate to take up roles in the Executive branch

Failing - Obama negotiated the Joint Comprehensive Plan of Action (the Iran nuclear deal) 2015, limiting Iran’s nuclear capabilities in return for the lifting of sanctions. As this was not labelled a ‘treaty’ but instead an executive agreement it did not require approval from the US Senate

Question 5

Principles of Constitution - Federalism

Answer 5

Working - Marijuana remains illegal at a federal level under the Controlled Substances Act 1970 yet in 9 states recreational use has been legalised by state governments and in 13 more states it has been decriminalised

Failing - Supreme Court rulings are binding on states too and in the case of Obergefell v Hodges 2015, gay marriage was effectively legalised in all US states, including 13 states in which it had been illegal before this ruling

Question 6

Principles of Constitution - Bipartisanship

Answer 6

Working - The ‘Gang of Eight in the Senate was a bipartisan group of 4 Democrat and 4 Republican senators who worked to create the bipartisan bill Border Security, Economic Opportunity and Immigration Modernization Act, which passed the Senate in 2013

Failing - Despite the bipartisan immigration bill passing in the Senate, the Republican speaker of the House of Representatives refused to allow it even to be debated in the house

Question 7

Principles of Constitution - Limited Government

Answer 7

Working - In the case of Texas v US (2016), the Supreme Court struck down an executive order by President Obama regarding illegal immigrants. Congress has failed to pass an immigration reform bill, which demonstrates the president’s inability to make law without Congress

Failing - Both President Trump and Obama launched air strikes without congressional approval - Trump on Syria in 2017 and Obama on Libya in 2011

Question 8

Principles of Constitution - Checks and balances

Answer 8

Working - President Trump tried to introduce his own healthcare bill in 2017, but despite having a Republican majority in both houses Congress failed to pass it

Failing - President Obama included the USA in the Iran Nuclear Deal (JCPOA) and the Paris Clime Accord (on climate change 2015) without asking the Senate for approval

Question 9

Presidential Veto over Congress

Answer 9

Iran War Powers Resolution – May 06 2020 - Trump vetoed bipartisan resolution of Congress to limit President’s use of military force against Iran

National Defense Authorization Act for Fiscal Year 2021 - Trump’s Presidential Veto overridden by the House in a 322-87 vote and overridden in the Senate by an 81-13 vote

Question 10

President’s nomination of judges

Answer 10

Presidents have the exclusive right to nominate SCOTUS judges, enabling them to extend their influence long after their term ends
e.g. From 2017-2020, Trump nominated 3 right-leaning judges to the Supreme Court, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett

However, Congress has power to refuse to approve people nominated to the federal courts over the Judiciary/President
e.g. In March 2016, Obama nominated Merrick Garland to the Supreme Court. The Republican controlled Senate refused to hold hearings on Garland’s nomination

Question 11

Congress can also use the Power of the Purse to defund the President’s proposals

Answer 11

Obama’s 2009 executive order aimed to close Guantanamo Bay within the year, but Congress passed the Supplemental Appropriations Act 2009 to block funds for transfer or release of detainees despite a Democrat majority in both Houses

Congress can’t use the Power of the Purse to defund the President’s proposals.
If controlled by the President’s party, they can usually get members of his party to vote for his proposals.
Democrats controlled both after the 2008 elections, so Obama was able to pass most of his legislative agenda, e.g. the American Recovery and Reinvestment Act of 2009 (economic stimulus), the Patient Protection and Affordable Care Act of 2010 (Obamacare), and the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010.

Question 12

Congresses power to declare war

Answer 12

Only Congress can declare war on another country

Last used in WW2 but Congress has also been asked to authorize the use of troops most commonly through the Authorization for Use of Military Forces (AUMFs). Used by Bush, Obama and Trump to justify their actions in 14 countries since 2001

However, the President as commander in chief of the military does not need Congressional approval to deploy troops (but power of the purse). Obama in Lybia 2011 and Trump in Syria 2017

Question 13

Congress’s power to Impeach the President

Answer 13

The House of Reps can vote to order an impeachment of the President, and the Senate can vote on whether to remove them from office with 2/3

In February 2021, the second impeachment of President Trump began, after the US Capitol attack, though the Senate vote did not meet the 2/3 majority required

Has never actually worked before

Question 14

Congress’s (Senate’s) power to refuse to ratify treaties over the President

Answer 14

On October 13th 1999, the Republican controlled Senate rejected the Comprehensive Nuclear Test Ban Treaty signed by Democrat President Bill Clinton

Executive agreements are essentially just international treaties that don’t require ratification by the Senate
e.g. 2015 Joint Comprehensive Plan of Action (JCPOA) - the Iran Nuclear Deal. Was an agreement where Iran would reduce its stockpile uranium stopping it from mkaing nuclear bombs

Question 15

Congress’s power to impeach judges over the Judiciary

Answer 15

Congress has the power to remove judges with a 2/3 supermajority vote, same way as with president

In 2014, Middle District of Alabama judge Mark Fuller was threatened with impeachment if he did not resign from his post after beating his wife, followed by him resigning, something which was ambiguous as to whether he would

However, only one Supreme Court Justice has ever been impeached, Samuel Chase in 1804/05, It was a partisan affair, It was an effort by the Thomas Jefferson-led Democratic–Republican Party to weaken a judiciary that had been largely shaped by the opposing Federalist Party. The outcomes help solidify norms of an independent judiciary and impeachments requiring more than just a disagreement between an official and the Congress.

Question 16

Congress’s power to make constitutional amendments to overturn judicial decisions over the Judiciary

Answer 16

In 1793, Alexander Chisholm sued Georgia for money. The Supreme Court ruled that the Constitution allowed the courts to rule on cases between citizen and states. To directly counter-act this decision, the 11th Amendment was adopted

However, constitutional amendments are difficult to pass so the Supreme Court would have to do something significant that is almost universally disagreed with to galvanise the country and government enough for a constitutional amendment

Question 17

Congress power to refuse to approve presidential appointments to the executive over the President

Answer 17

The Senate can limit the executive by not confirming the president’s nomination for government roles
e.g. On the 15th of February 2017, President Trump’s nomination for Secretary of Labor, Andrew Pudzer did not reach the required number of votes to be confirmed

However, executive appointments are rarely rejected
e.g. Only 9 cabinet nominations have been rejected by the Senate and 18 nominations have been withdrawn due to Senatorial opposition or scandal

Question 18

Judiciary power of judicial review of laws over Congress

Answer 18

The Supreme Court can limit Congress by ruling that an act is unconstitutional
E.g.Supreme Court ruled in the case of Buckley v Valeo 1976 that election spending limits that came were unconstitutional under the 1st amendment

However, the Supreme Court can also uphold an act of Congress.
E.g. Gonzales v Raich 2005, Supreme Court held that the regulation of marijuana was within Congress’ commerce power because production of marijuana meant for home consumption had a substantial effect on the national market. Due to the enforcement difficulties

Question 19

Judiciary power of judicial review of the actions of the President over the President

Answer 19

The Supreme Court can limit the President by ruling that an action is unconstitutional
e.g. President Trump’s Executive Order Enhancing Public Safety in the Interior of the US in 2017 which stated that jurisdictions that did not comply with immigration enforcement measures would not be eligible to receive Federal grants, was declared unconstitutional by Judge William Orrick III, due to the 10th amendment

However, the Supreme Court can also uphold an action of the President
e.g.In Trump v. Hawaii 2018, The Court upheld President Donald Trump’s executive order banning travel from several predominantly Muslim countries, ruling that it fell within his authority to protect national security.

Question 20

Advantages of the amendment process

Answer 20

Prevents tyranny of the majority - requires 2/3 of Congress and 3/4 of the state legislatures to approve

Protects the principles of the Constitution - the 1st Amendment, the right to freedom of speech, was protected by the strict amendment process from the Flag Desecration (Burning) Amendment in 2006 by only 34 Senatorial votes (stopped by 1 vote)

Ensures broad support is gained for amendments - while recent mass shootings make repealing the 2nd amendment seem obvious, a 2018 YouGov poll showed that only 1 in 5 Americans want the 2nd Amendment to be repealed

Question 21

Disadvantages of the amendment process

Answer 21

A difficult amendment process allows for a powerful judiciary - the Supreme Court has become quasi-legislative due to rulings on the Constitution. For example, in the District of Columbia v Heller (2008) the Supreme Court ruled that the 2nd Amendment right to carry arms was not contingent on serving in a militia

The overly difficult amendment process perpetuates what some see as outdated provisions - The Electoral College can be seen as undermining popular democracy such as Trump being elected as President with a minority of votes

Makes minority rights more challenging to protect - Transgender rights will be incredibly difficult to protect under the constitution when only 0.6% of the population in 2023

Question 22

Federal system of government - federal powers

Answer 22

To declare war
To make treaties
To coin money
To establish a military
To regulate interstate and foreign commerce
To make all laws ‘necessary and proper to achieve their constitutional powers

Question 23

Federal system of government - concurrent powers

Answer 23

To make constitutional amendments
To levy taxes
To establish courts

Question 24

Federal system of government - state powers

Answer 24

To establish local government
To regulate elections
To maintain militia
To assume powers not listed in the Constitution (10th Amendment) e.g. regulating schools, professional licences and instate commerce

Question 25

The state has retained soverignty - citizens’ rights

Answer 25

Retain - In addition to rights being protected under the constitution, states such as Alaska allow citizens to get a learner’s permit for driving at 14 while in Massachusetts a ctiizen must be 16. Equally, restrictions over issues such as abortion, euthanasia, gun control and marijuana vary hugely between the states

Challenged - Certain rights are dicatated by the federal government. The drinking age is set federally at 21, the Supreme Court case of Obergefelll v Hodges in 2015 effectively legalised same-sex marraige in every state.

Question 26

The state has retained soverignty - criminal punishment

Answer 26

Retain - The death penalty alone is a huge difference between the states. Currently, 27 states allow the death penalty. Between them there are five different methods of execution and each state does not use them all. Also, in Florida, Iowa and Kentucky, a convicted felon does not necessarily regain their right to vote upon release from prison.

Challenged - The Supreme Court has put numerous restrictions on the use of the death peanlty while upholding the punishment more generally. E.g. Ring v Arizona 2002 where it was ruled death sentences imposed by judges, rather than juries, were unconstitutional as they infringed the 7th Amendment Right to trial by jury

Question 27

The state has retained soverignty - electoral regulation

Answer 27

Retain - Article I allows states to run their own election. This has resulted in huge variations in electoral practice, most notably leading to the controversy over the 2000 presidential election. As of 2018, to vote in elections states in the USA can use: a paper ballot, a paper ballot and electronic voting, a mail ballot or electronic voting alone. Furthermore, states that use electronic voting can do so with or without maintaining a paper trail, which has caused controversy after the Department of Homeland Security said that 21 states had their voting systems targeted by hackers in the 2016 election. State governments are also allowed to set the boundaries for the districts in their states, leading co court cases over gerrymandering

Challenged - Numerous federal laws, and even constitutional amendments, have extended voting rights at a national level. Seen in the Voting Rights Act 1965 which disallowed literacy and constitutional interpretation tests which had blocked africa-americans from voting. Also seen in the 26 Amendment in 1971 which extended the right to vote down to 18 plus, done at the federal level

Question 28

The state has retained sovereignty - Gun control

Answer 28

Retain - Sates still retain a large amou of soverignty as seen by the huge variants in gun laws between states. E.g. in Hawaii handguns are banned and there is a firemans registration compared to Texas where handguns are legal and there is no firearm registration .

Challenged - US Congress imposed federal regulation of firearms with the 1994 Federal Assault Weapons Ban which prohibited the manufacture of some semi-automatic firearms, challenging the states ability to legislate firearms on their own

Question 29

The US Constitution upholds liberal democracy

Answer 29

The Bill of Rights ensures that individual rights are upheld. Even in the case of Snyder v Phelps (2011) the right to free speech of the controversial Westboro Baptist Church in protesting at soldiers funerals was upheld by the Supreme Court

The power of the Supreme Court and the guarantees of its independence serve to further protect rights. Supreme Court justices have the power to overrule both elected branches without fear for their jobs. Seen by the fact that only 1 SCOTUS judge has been impeached and none have ever been removed

Checks and balances serve to ensure a limited government, with both President Obama and President Trump failing to achieve all their goals through Congress, such as gun control, immigration - e.g. In National Federation of Independent Business v. Sebelius 2012 which repealed the section of the Affordable Care Act 2010 which forced states to expand medicaid or lose all federal medicaid funding

Question 30

The US Constitution upholds representative democracy

Answer 30

All appropriations bills must begin in the House of Representatives, which is the most responsive house due to a 2-year electoral cycle and therefore most directly representative of its constituents

The House of Representatives ensures proportionality in representation, with the largest states having the most members California has 38 million people and 52 House while Wyoming has 500,000 people and 2 House

Amendments have extended the number of eligible voters in the USA, ensuring that an increasing number of Americans can be represented in elections, Seen in the Voting Rights Act 1965 which disallowed literacy and constitutional interpretation tests which had blocked africa-americans from voting. Also seen in the 26 Amendment in 1971 which extended the right to vote down to 18 plus, done at the federal level

Amendments to the Constitution cannot be made without approval of 3/4 of the states. each of which is valued equally e.g. DC Voting Rights Amendment to give full Congressional representation to DC which passed both houses of Congress in 1978, but only received 16 state ratifications by the end of the 7 year deadline

Question 31

The US Constitution undermines liberal democracy

Answer 31

Does it to well - Checks and balances can serve to limit government to such an extent that it ceases to be effective. There have been 14 government shutdowns since 1981

The Electoral College undermines the principle of ‘free and fair elections, with the loser of the popular vote winning the presidential election twice in the last five elections

Not all rights have been effectively protected. Abortion rights have been challenged in cases such as Dobbs v Jackson Womens Health Organization 2022 and the very existence of Guantánamo Bay poses significant questions over the effectiveness of rights protection

Question 32

The US Constitution undermines representative democracy

Answer 32

The Supreme Court holds vast amounts of power to interpret the US Constitution and overrule the elected branches, but is unrepresentative of the general population and also unaccountable as the justices are not elected

The Senate represents the USA by state rather than population, meaning states with smaller populations are over represented e.g. Wyoming 2 Senators/1 House vs California 2 Senators/52 House

The requirement at numerous points in the Constitution for a supermajority allows for tyranny of the minority e.g. Failure of the 2006 Flag Burning Amendment (stopped by only 1 vote)

Question 33

The US Constitution remains strong

Answer 33

The vagueness of aspects of the US Constitution has allowed for interpretative amendments by the Supreme Court, which has helped to ensure the relevance of the Constitution today and allowed it to be reactive to changing circumstances.

That the US Constitution is codified means that it is difficult to change and provides clarity about the rights of US citizens which can be enforced by the Supreme Court and the powers and limits of government.

The Constitution outlines the powers of each branch of government clearly, and through the separation of powers, checks and balances and the short election cycle it should ensure that the government always has to work in the interests of the people it represents.

The amendment process clearly has worked and does allow for flexibility of the Constitution while preventing frequent change in response to short-lived trends.

Question 34

The US Constituion is now weak

Answer 34

The vagueness has allowed broader interpretation than the Founding Fathers may have envisaged, as the growth of the presidency has demonstrated. Equally, in the areas where the Constitution is specific, it has prevented adaptation. most notably in the powers of Congress.

The codification of the Constitution has led both to outdated aspects remaining enforced in the twenty-first century, as well as having the potential to create gridlock in government through checks and balances.

The framework can create gridlock in the case of divided government, and a lack of scrutiny during times of unified government. In either case, the government can be seen to be ineffective.

The amendment process has proven immensely difficult preventing necessary amendments while also having allowed for mistaken amendments to be made.