American politics. Flashcards
When and where was the US constitution ratified and created?
The creation of the Us constitution at the Philadelphia convention, and its ratification in 1789 forged the 13 formerly British colonies into the new, sovereign country of the United states of America.
What is the US constitution?
The codified document is divided into seven articles with the subsequent addition of 27 amendments and outlines the powers of each branch of government and how the new country would operate as a democracy.
What is it mean if it is entrenched?
The US constitution is entrenched, ensuring it cannot be easily changed. Importantly, the constitution requires a clear majority, a ‘supermajority’ in order for any amendment to be added to it.
What are the three branches of government and what do they do?
Congress: all legislative power: power to lay and collect taxes: regulate commerce: coin money: declare war: veto: impeachment: investigation: ratifying treaties and appointments.
President: recommend legislation: sign or veto legislation: commander in chief: nomination of judges: power of pardon.
Supreme Court: judicial power.
What is the amendment process?
- Article V explains how amendments to the US constitution can be made.
- The ability to amend the Constitution was crucial in getting the document ratified - a number of states refused to agree to this new constitution without a number of changes.
- Federal level: proposal stage: Two-thirds of both house and congress agree to propose an amendment.
Two thirds of states call a national constitutional convention, which proposes an amendment.
States level - ratification stage:
- Three-quarters of state legislature ratify the amendment.
- Three quarters of states hold state constitutional conventions and vote to ratify the amendment.
How many amendments have there been to the US constitution?
27:
- The Bill of rights.
- The 12th, 20th, 22nd and 25 which all clarify the presidential election and succession procedures.
- The Civil war amendments which ensure that all recently freed slaves will be treated equally under the constitution.
- The 16th, which allows Congress to raise income tax and is the only amendment which overturned a Supreme Court ruling.
- The 17th, which makes the role of senator elected rather than appointed.
- The 18th and 21st which respectively ban and then allow the production and sale of alcohol.
- The 19th and 26th, which change voting eligibility removing gender requirements and lowering the voting age to 18.
What are the advantages of the amendment process?
- The requirement for supermajorities ensures the broad support of the US population for any amendment.
- It protects the Constitution from being changed by a short-lived popular opinion.
- It prevents tyranny of the larger states over the small by valuing each state equally in the process and of the federal government by requiring state approval.
- It works - there have been amendments to the constitution,
What are the advantages of the amendment process?
- The requirement for a supermajority makes it very difficult to pass any amendments meaning the constitution may become outdated.
- The requirement for super majorities makes it possible to ignore minority interests.
- Mistakes have been made - the 18th amendment later repealed by the 21st amendment showing the process is not rigorous enough.
- It is possible for a small number of states to prevent an amendment passing.
What are the principles of the constitution?
The Founding Fathers wrote the constitution using a number of key principles.
What is federalism?
A federal government is one in which two levels of government exist, with both having their own powers. In the US constitution, these two levels are ‘federal’ government and the state governments.
How does the constitution protect the power of the states and federal government?
Protecting the power of states:
- 10th amendment.
- The states control the running of elections.
- Frequent, staggered election cycle.
- States appoint their senators.
Protecting the power of federal government:
- Enumerated powers in Articles I, II and III.
- Implied powers.
- The power to raise tax so federal government would be funded.
Separation of powers, checks and balances.
The Founding fathers applied the principle of separation of powers within the Constitution. This means that each of the three branches of government must remain completely independent of the others, be selected by different processes and no one is allowed to be a member of more than one branch.
What else did they do?
In addition to simply dividing the powers of government between these three branches, the Founding fathers also gave each branch the ability to limit the actions of another branch. This is known as checks and balances.
What are the checks by Congress?
- Override of the presidential veto by a two-thirds vote in both Houses of Congress.
- Power of the purse - Congress, as the representatives of the taxpayers, controls the budget and therefore any money that the president is allocated.
- The Senate can ratify or reject treaties and appointments put to them by the president.
- Congress can impeach the president for treason, bribery, or other high crimes and misdemeanors.
What are the checks by the president?
- Veto any legislation from Congress.
- Recommend legislation to Congress at the State of the Union address.
- Power of the pardon.
- Nomination of federal offices and judges.
What is bipartisanship?
- The constitution was not written with parties in mind, bit it does have some safeguards which prevent them being too powerful. It allows for different groups to control different branches.
- The staggered election cycle, with the House of representatives elected every 2 years, the president every 4 years and the Senate every 6 years. This means a different party could control each branch of government and forces representatives to be frequently accountable to their constituents.
- Super majorities are required in some circumstances, such as for constitutional amendments and to override the presidential veto: this requires party cooperation.
- The checks and balances written in the constitution mean that in order to achieve anything, the different branches of government must work together.
What is federalism like today?
- While the federal-state relationship is constantly changing, depending on national circumstances and the administration, some things do remain clear today.
- Federal government controls foreign policy.
- The use of the ‘commerce clause’ in the constitution has allowed federal government greater control over the states.
What is the extent of democracy within the US constitution?
- Liberal democracy: in which equality of rights, protection of rights and free and fair elections are of paramount importance.
- Representative democracy: in which people elect officials to represent them in institutions of government.
What are the strengths and weaknesses of the US constitution?
Strength:
- The principles of government are clearly set out and the document is judiciable making it diffucult for any branch to become tyrannical.
- The vague nature of the constitution ensures that its meaning can be reinterpreted over time.
- Article V allows for amendments and clearly works.
Weaknesses:
- The Constitution is more rigid and therefore can become outdated.
- Branches of government can take advantage of the vagueness which could allow them to expand their power.
- The amendment process is incredibly slow.
What are the impacts of the US constitution on the US government today?
- The US Constitution not only outlines how government should work, but places considerable constraints on it too. It is important to recognize that this is not about strengths and weaknesses but about government.
What are the positive and negative impacts?
Positive impacts:
- Each branch of government is given explicit powers which cannot be removed, ensuring each branch remains relevant, even in terms of divided government.
- Frequent elections forces representatives to listen to their constituents ensuring legitimacy of government.
- The acceptance of judicial review means that disagreements can be settled in the Supreme Court.
- The necessity for branches to work together through checks and balances means that majority interests are usually upheld, which should increase support for government.
Negative impacts:
- Separation of powers and checks and balances can lead to gridlock meaning that government is not governing.
- Federalism means that sovereignty is shared and not only reduces the power given to federal government but also allows the states to sue the federal government.
- The role of judicial review means minorities or minority views have been able to stall the functions of government.
- The vagueness of the Constitution has meant loopholes have been exploited such as executive orders allowing for the dominance of one branch over another.
What is the structure of the US congress?
BIcameral nature:
- The founding fathers ensured that Congress had two chambers, the House of Representatives and the Senate. Congress was thereby able to apply a number of key principles required by the framers.
- Checks and balances in which checks took place within the legislative branch as well as between the executive, legislature and judiciary.
- The creation of different term lengths, providing different types of representation within Congress with senators being far less sensitive to public opinion than members of the House of Representatives.
- Protection of state interests - the driving force behind the creation of a Senate in which all states were given an equal number of politicians, regardless of population.
The membership of Congress.
There are minor differences in the constitutional requirements for membership of each of the two chambers of congress. While senators are required to be at least 30 years of age and to have been a citizen for 9 years, members of the House need only be 25 and to have been citizens for 7 years.
