1. the constitutional framework of the US government

Question 1

What is the US constitution?

Answer 1

• supreme authority in all aspect of US government - constitutional sovereignty
• codified and hard to amend
• based around the separation of powers and checks and balances
• federal power, with power shared between central/federal government and individual states

Question 2

What are the key principles?

Answer 2

• replaced the articles of confederation
• designed to avoid tranny
• each branch has checks and balances
• bill of rights deals with individual rights and freedom

Question 3

What are the powers of the president?

Answer 3

• commander in chief of the armed forces
• oversees foreign policy and relations with foreign powers
• is in charge of the federal bureaucracy and chooses ministers
• can issue pardons e.g. Trump 237 pardons
• nominate judges
• suggest laws to congress and veto
• cannot sit in congress

Question 4

What are the powers of congress?

Answer 4

• passes laws and raises taxes
• must confirm most presidential appointments
• ratifies foreign treaties and formal declarations of war
• can impeach the president and judges
• cannot serve in gov

Question 5

What are the powers of the supreme court?

Answer 5

• interprets the constitution
• ensures the actions of congress and the president are in accordance with the constitution
• can strike down laws it sees as unconstitutional

Question 6

What are the limits on the presidents vetoing power?

Answer 6

• congress can overturn the vetoes on a two thirds vote in each chamber
  e.g. 2016, Congress overrode Obamas veto of Justice Against Sponsors of Terrorism act

Question 7

What are the limits on the presidents appointments of gov departments and federal judges?

Answer 7

• Senate can reject a nomination by a simple majority
  e.g. 1987 senate rejected president Reagans nominee Robert Bork as a USSC judge

Question 8

What are the limits on the predesigns commander in chief power?

Answer 8

• Congress can refuse funds (power of the purse) and has passed laws to limits presidential actions e.g. 1973 wars of powers act (passed due to Nixon abusing his power)
  e.g. 2002 congress vetoed through the Iraq resolution to allow president Bush to undertake military action in Iraq

Question 9

What are the limits on congress’ power of passing laws?

Answer 9

• presidents can veto laws
  e.g. Obama vetoed Keystone KL pipeline approval act 2015

Question 10

What are the limits on congress’ power of impeachments?

Answer 10

• requires a high threshold of votes in senate to convict
  e.g. senate failed to impeach Clinton 1999 or Trump dec 2019 - but successful Jan 2021

Question 11

What are the limits on congress’ power of ratifying foreign treaties?

Answer 11

• Presidents bypass formal treaties by making executive treaties
  e.g. the nuclear deal with Iran 2015 was made without congressional approval by Obama

Question 12

What are the limits on the supreme courts power of striking down laws passed by Congress as uncostitutional?

Answer 12

• Congress can pass a constitutional amendment e.g. 1913 13th Amendment
• The USSC cannot initiate cases of its own accord e.g. Same sex marriage was legalised across American after Obergefell v Hodges came before USSC
• The president can later the political composition of the Court via appointments when vacancies arise e.g. FDR tried to pack the USSC 1930s when it struck down his New Deal programmes

Question 13

What is the federal nature of the US constitution?

Answer 13

• Federalism - notion that power is shared between central gov and 50 individual states
• states retain power:
  + power over local taxes such as sales tax, aspects of election process, whether or not they have the death penalty

Question 14

How many formal amendments have their been?

Answer 14

• 27 formal amendments - last major one was 1971 which lowered the voting age
• formal amendments are difficult to pass - they require two thirds majority houses of congress then ratification by three quarters of state with in a set time

Question 15

How many informal amendments have their been?

Answer 15

• As the US constitution is so problematic to amend formally, in practice many changes are made informally via rulings of the USSC
  e.g. Roe V Wade
  e.g. Citizen United case 2010

Question 16

What are the criticisms of the US constitution?

Answer 16

• it is too difficult to amend and change easily
• some of its terms are vague and imprecise
• some powers overlap and conflict e.g. over Foreign policy
• not all rights are equally protected e.g. race but not gender or disability
• specific clauses are outdates e.g. Biennial elections to the house and the right to gun ownership
• too much political power is given to unelected USSC
• it has become a foucs for division and disunity in modern America
• no other country has copied the US constitution

Question 17

What are the defences of the US constitution?

Answer 17

• it provides stability and continuity - and easy to update informally e.g. speed limits and intestate highways ae informal
• lack of precision in its wording enables interpretations to adjust to changing times and cultures
• such overlap should encourage the different branches to work together - when clashes or gridlock occurs (2018), blame partisan politicians
• outdated sections can be removed e.g. prohibition 1933 21st amendments repealed the 18th amendments

Question 18

How well does the US constitution protect civil liberties and rights of US citizens? - well

Answer 18

• US constitution could be said to protect civil liberties and rights since:
  + rights are entrenched and inalienable rights found within the bill of rights
  + rights include: freedom of expression, right to a fair trial, etc
  + USSC decisions often extend rights e.g. Brown v Topeka - ended segregation, Obergefell v Hodges - allowed same sex marriage
• easy access and easy to understand - most Americans know their individual rights

Question 19

How well does the US constitution protect civil liberties and rights of US citizens? - poor defender of rights

Answer 19

• some rights are better protected than others- gun owners have their right to bear arms entrenched while rights for women and children are not entrenched
• constitution is difficult to update and modernise - too much therefore relies upon informal amendment by the USSC
• USSC can and does change its opinion e.g. over racial segregation and homosexuality - many rights are not permeant
• much of the constitution is not concerned with protecting individual liberties, so much as with setting out the workings of government - does not reflect modern America