1.2 The principles of the US Constitution and their effectiveness today

Question 1

The five key principles of the Constitution

Answer 1

• Federalism
• Separation of powers
• Checks and balances
• Bipartisanship
• Limited government

Question 2

Federalism

Answer 2

• System in which sovereignty is shared between central govt and individual states - w/ each having their own specific rights

Question 3

Significance of federalism

Answer 3

• Citizens ruled by 2 governments
• Some policies made at state level, some at federal level
• Each state - like a smaller version of the US - has its own Constitution, head of executive branch (Governor), legislature (State Congress) and Supreme Court
• Subject to constitutional rules of US - but has huge degree of control over affairs

Question 4

How is the Constitution particularly unclear in relation to federalism and the protection of state power?

Answer 4

• Power of federal govt grown hugely as a response to economic crisis, increased demands for civil-rights protection and greater provision of social policy - started properly under FDR
• States increasingly controlled by federal institutions, but the Constitution has barely changed in these areas

Question 5

Separation of powers

Answer 5

• 3 key bodies of govt each have their own powers, personnel and buildings
• Ensures system of checks and balances - prevents too much power residing w/ one body

Question 6

Importance of the separation of powers

Answer 6

• No one is allowed to be in more than one branch at the same time
• E.g. - cannot be a Senator and work alongside the president in the executive branch
• Obama - 2009 - had to give up Senate seat
• 2017 - Jeff Sessions become attorney general - had to give up Senate seat to join executive branch
• Contrasts w/ centralisation of power of an absolute monarchy

Based on desire to share power - preventing any one institution or politician from dominating the political system

Question 7

Checks and balances

Answer 7

• Division of power between 3 branches of govt - where each branch has a direct ability to prevent action from another branch

Question 8

Importance of checks and balances in govt

Answer 8

• Ensure high degree of balance between 3 branches of govt
• No one institution is dominant - working alongside separation of powers - force the 3 to share power
• Balanced by provision of checks and the denial of certain powers to each of the 3 branches
• E.g. - President can propose legislation - cannot amend legislation - lacks a line-item veto (would allow rejection of certain provisions of a bill
• Under Constitution - it’s Congress that can initiate, amend and reject legislative proposals
• Founding Fathers feared an unrestrained president - gave Congress significant checks

Question 9

Bipartisanship

Answer 9

• No mention of political parties - but the Constitution itself means that compromise is inevitable if decisions are to be made
• Division of power — parties need to co-operate in order to govern the country
• Constitution requires cross-party support through the need for super-majorities for amendments - and for the Senate to ratify treaties
• Original constitution makes it possible for rival political groups to control the three bodies with most legislative influence

Question 10

Executive checks and balances on Congress

Answer 10

President is the ‘commander in chief’ who can:

• Veto bills
• Recommend legislation
• Call special sessions of Congress

Question 11

Executive checks and balances on the Supreme Court

Answer 11

• President appoints judges to fill vacancies

- President can grant reprieves and pardons

Question 12

Congress checks and balances on the executive

Answer 12

• Can override presidential veto
• Can control appropriations
• Can ratify treaties
• Can declare war
• Can refuse presidential appointments
• Can impeach and remove the president from office

Question 13

Congress checks and balances on the Supreme Court

Answer 13

• Can refuse judicial appointments
• Can impeach judges
• Can create lower courts
• Can propose constitutional amendments to overrule decisions of SCOTUS

Question 14

Supreme Court checks and balances on executive

Answer 14

• May rule that presidential action is unconstitutional

- Judges appointed by the president serve for life

Question 15

Supreme Court checks and balances on Congress

Answer 15

• Interprets laws

- May declare laws unconstitutional

Question 16

How is bipartisan control between institutions common?

Answer 16

• When divided govt occurs - when House, Senate and presidency not all controlled by one party - parties have to work together to pass policy
• Worked effectively over the history of the US - parties have often found legislative compromises

Question 17

How, today, has constitutional requirement for bipartisanship led to a major constitutional challenge?

Answer 17

• Parties becoming more polarised - less scope for compromise and Congress has been less able to legislate - weaker govt
• Some critics - have questioned the desirability of a constitutional system - arguing that current arrangements are no longer suitable

Others see it as a crisis of political parties - parties themselves are the problem
- Lack of willingness to compromise

Question 18

Limited government

Answer 18

• Govt’s role limited by checks and balances, and a separation of powers, as a bulwark against corruption
• Power of federal govt subject to limitations as laid out in the Constitution - so that it cannot simply impose its policy on the state and its citizens

Question 19

Bill of Rights

Answer 19

• Prevents the federal govt from restricting the rights of the individual or the rights of states
• Amendments - such as the 1st and 4th - can be seen as limiting govt by protecting individual freedoms
• 10th amendment clearly designed to protect the power of the states by stating that any power not given to the federal govt is reserved for the states or the people

Question 20

Modern conceptions of limited govt

Answer 20

• Cover the extent to which the federal govt plays a role in social and economic policy
• For conservatives - and particularly libertarians - there’s a desire to reduce govt involvement in areas such as expenditure (e.g., on welfare provision)
• Social programmes frowned upon as being part of a ‘big govt’ agenda, which is rejected by many in the US