Constitution US

Question 1

Types of US constitution in history

Answer 1

The USA has had all three types of constitution in their history:
• Unitary – power is held by once central authority or government. America had a unitary constitution when it was a British colony before 1776.
• Confederal – an association of sovereign states, membership is voluntary. America became confederal after the war of independence in 1781, all 13 states were sovereign but they cooperated together.
• Federal – power is shared between a central government and state authority. In 1787 following the Philadelphia convention a new constitution was set up.

Question 2

Where did the founding fathers get their philosophy from

Answer 2

John Locke influenced the US constitution. He developed the claim that men are free and equal and he argued people have rights, like the right to life, liberty and property. Locke believed government should have the consent of the people and he believed in the separation of power.
Montesquieu also influenced the constitution. He saw tyranny as a threat to any government. He argued this could be avoided by a system where different bodies exercised judicial, legislative and executive powers. This is the separation of powers.

Question 3

The Philadelphia convention

Answer 3

After independence from the British, the 13 American states met at the Philadelphia convention to rewrite the articles of the constitution (only 12 states attended as Rode Island didn’t attend). Once there, they decided to rewrite the entire constitution. They created a federal system, which saw a limited central government (only had powers of money, war and peace). They decided on a bicameral system after the Connecticut compromise.

Question 4

The original articles of the US constitution

Answer 4

They decided on 7 original articles for the constitution. These articles included enumerated powers granted to federal government, these were clear set out powers. The articles also contained implied powers; these are grey areas of the constitution deliberately put in to allow flexibility in the constitution. For example the Elastic clause in article one section 8.

Question 5

The Bill of Rights (US)

Answer 5

The first 10 amendments of the constitution were in the Bill of Rights, which was ratified by the states in 1791. Amendments included the 1st amendment – freedom of religion, speech, press and expression, 3rd amendment – no quartering of troops and the 5th amendment – rights of the accused.

Question 6

The principles of the US constitution

Answer 6

• Limited government – powers of the government are restricted by the constitution
• Republicanism – voters hold sovereign power and elect representatives to exercise power for them
• Checks and balances – each branch of the three branches of government exercises some control over the others, sharing power among them.
• Federalism – power is shared between national and state governments, limiting central power
• Separation of powers – each branch of government has its own responsibilities and limitations
• Popular sovereignty – authority for the government flows from the people and they rule through their representatives
• Individual rights – unalienable rights guaranteed to all citizens.

Question 7

The amendments process

Answer 7

Amendments can be proposed by congress where a 2/3 majority in needed or amendments can be proposed by the national constitution convention and be called by at least 2/3 of state legislatures
Amendments need to be ratified by at least 3/4 of states or 3/4 of state legislators must vote to ratify.
All but one amendment have been proposed by congress and ratified by state legislatures. The exception is the 21st amendment which was proposed by congress and ratified by state constitutional convention.

Question 8

Amendments process - proposal

Answer 8

During the presidency of Bill Clinton (1993-2001), there were 17 votes on proposed constitutional amendments – this is unusually high. These all occurred when the republicans controlled both houses of congress. The house agreed on the flag desecration and balanced budget amendment but the senate blocked them. Even when one party controls both houses passing amendments is difficult. Bush also targeted the flag desecration amendment but it failed in the senate, showing even under a united government, it is difficult to pass amendments.

Question 9

Amendments process - ratification

Answer 9

Once proposed by congress, the amendment is sent to states for ratification. Of the 33 amendments sent to states, 27 have been ratified. District of Columbia voting rights amendment was the last to fail at states in 1985.

Question 10

Why has the US constitution been amended so rarely

Answer 10

• Founding fathers created a deliberately difficult process. The need for both congress and the states to agree and with supermajorities, meaning bipartisanship is required. Hundreds of amendments have been initiated but only 27 amendments have been passed
• Founding fathers created implied powers, this allows legislation to be passed without the need for formal amendment
• Supreme courts power of judicial review allows the interpretation of the constitution. This means they can change the meaning of words written centuries ago to apply to the modern day.
• Americans are cautious with tampering with the constitution. They were raged when the 18th amendment was overturned with the 21st amendment and they do not want this to occur again.

Question 11

What are the advantages of the amendments process

Answer 11

• Super majorities ensure again a small majority being able to impose its will on a large minority
• The process makes it unlikely that the constitution will be tampered on a temporary issue
• It ensures both federal and state government must favour a proposal.
• It gives a magnified voice to the smaller states

Question 12

What are the disadvantages of the amendments process

Answer 12

• It makes it too difficult for the constitution to be amended thereby keeping outdated amendments
• Makes the will of the majority denied by a small and possible unrepresentative minority
• Voice of small states is over represented
• Difficulty of the process enhances the power of the unelected supreme court to make interpretative amendments

Question 13

Checks by the executive on the legislature

Answer 13

the President has the power to recommend legislation to congress, these can be delivered at the state of the union address. The President also has the power to veto bills passed by congress. Clinton vetoed 36 times, Bush used his regular veto 11 times and pocket veto once and Obama used his veto 12 times.

Question 14

Checks by the executive by the judiciary

Answer 14

the president nominates all federal judges for federal courts. This allows a president to mould the court for years. For example Nixon nominated Rehnquist who sat on the Supreme Court until 2005. The president also has the power of pardon. Clinton pardoned Mark Rich, Obama pardoned Chelsea Manning and Trump pardoned Joe Arpaio.

Question 15

Checks by the legislature on the executive

Answer 15

congress can amend, block or reject items of legislation recommended by the president, in 2009 congress amended Obama’s Health care reforms. Congress can also override a president’s veto, this requires a 2/3 majority, in 2016 congress overrode Obama’s veto of the Justice against Sponsors of Terrorism Act. Congress has the power of the purse, in 2007 congress attempted to limit the spending of Bush in Iraq. Congress has the power to declare war, although this has not occurred since 1941. The Senate has the power to ratify treaties negotiated by the president, this requires a 2/3 majority, in 1999 Senate failed to ratify Clintons Nuclear Test Ban Treaty. Senate need to approve significant presidential nominations with a simple majority. Congress holds the power of impeachment over the president. 2 presidents have undergone impeachment proceedings – Nixon and Johnson.

Question 16

Checks by the legislature on the judiciary

Answer 16

congress can impeach members of the judiciary. A 2/3 majority is required to remove an individual. From 1986-89 congress removed three federal judges from office. Congress can also make constitutional amendments to overturn a decision made by the Supreme Court. The Flag Protection Act 1989 was created to overturn the Supreme Court ruling of Texas vs. Johnson 1989.

Question 17

Checks by the judiciary on the executive

Answer 17

the courts have the power of judicial review over the executive branch. The federal courts declare actions by the executive to be unconstitutional, for example Trumps 2017 Travel Ban was placed under a temporary restraining order. Also the judiciary has a role in impeachment proceedings. In US vs. Nixon 1974, the court ordered Nixon to hand over White House tapes in the Watergate affair.

Question 18

Checks by the judiciary on the legislature

Answer 18

judiciaries most significant power is judicial review. This is the power to declare acts of congress unconstitutional and therefore void. For example the Supreme Court declared the Communications Decency Act 1996 unconstitutional in 1997, as it violated the 1st amendment. Another case is US vs. Lopez 1995.

Question 19

Bipartisanship

Answer 19

The 48 years between 1969 and 2016 have seen 35 years of divided government and for 24 years, the president’s party controlled neither house of congress. This means bipartisanship is required to pass legislation.

Question 20

Does divided government led to more efficient checks and balances - yes

Answer 20

• Divided government leads to more effective government as bills are scrutinised more closely. When president and congress are from the same party legislation, bills, budgets and treaties are passed with little scrutiny
• Not since 1935 have senate rejected a treaty from a president of its own party. Only twice in past 50 years has congress overridden a veto of a president of its own party
• During republican controlled congress of 2003-06 scrutiny functions of republican President Bush were limited. This was called a lapdog congress

Question 21

Divided government leads to effective checks and balances - no

Answer 21

• Divided government leads to less effective government. Examples of the treatment of republican Supreme Court nominees such as Robert Bork 1987 and Clarence Thomas 1991 by a democrat controlled senate and impeachment proceeding conducted against Democrat President Clinton by a republican controlled congress 1998-9. These are poor advertisements for effective checks and balances. This is termed a watchdog congress.

Question 22

Federalism

Answer 22

Federalism represented a compromise between states who wanted to be sovereign and a central government. It allowed states to maintain their own autonomy but has a federal government which is important in times of crisis.

Question 23

The changing nature of federalism

Answer 23

Federalism has changed due to factors such as:
• Westward expansion
• Growth of the population
• Industrialisation
• The great depression
• Foreign policy
• Supreme court decisions
• Constitutional amendments

Question 24

Dual federalism

Answer 24

This is also known as layer cake federalism. The US used this system until the New Deal in the 1930s. This system sees clearly the defined roles for state and national government. Federal government was restricted to money, war and peace

Question 25

Cooperative federalism

Answer 25

This is known as marble cake federalism. This was used from the 1930s to the 1970s. Tough times meant that many roles were shared or done at both levels. Federal government grew and developed new departments like the department of health and the department of education. Categorical grants were used, this is when federal government gave money to states and told them exactly how to spend it.

Question 26

New federalism

Answer 26

This was initiated in the 1980s with Reagan. It has seen a move back towards more powerful state governments. They used block grants, this is when federal government gives states money but doesn’t tell them exactly how to spend it.

Question 27

How has federalism developed since 1980

Answer 27

factor
information
Explanation and analysis
Clinton
In 1996 he stated the era of big government is over. He succeeded in having a federal program (Aid to families with Dependent Children), shifted over to states.
Clinton saw states as policy testing laboratories.
The third way programme meant Clinton told the left it could no longer expect big government policies to work in a globalized world.
Links with UK, as Wales was the first to introduce plastic bag charges.
Clinton took this approach due to a divided government, he wanted to appease republicans by reducing federal power
Bush
He presided over the largest increase in federal spending since Johnson. Federal government spending increased 33%. He created new departments like the Department for Homeland Security. Federal government also expanded Medicare and took more control over education – No Child Left Behind Act
Surprising he took over welfare issues as he was republican but grew federal government. However this was in response to 9/11. However he had an ideology of compassionate conservatism which meant he would have done this even if 9/11 hadn’t occurred.
Obama
Focus on domestic policy. This affected federalism as domestic policy is the domain of states. Money states received from federal government increased from 25% of state government spending to 30%. In 2009 $246 billion went to states as part of Obama’s stimulus package. Healthcare reform legislation (affordable care act 2010) was called the end of federalism
This was due to Obama’s ideology of health care and the economic crisis of 2008 lead to Obama giving states more money.
Supreme
Court
Acts as the umpire between states and central government.
Depends on the balance of the court. Conservative courts or strict constitutionalists/constructionists courts are likely to have rulings which favour the states. For example the US vs. Lopez 1995 case which struck down Gun Free School Zones Act
Activist courts tend to limit power of states. For example 1954 Brown vs. Board of education supreme court ruling.
Depends on the balance of the court.

Not effective as the executive has to enforce supreme court rulings and they are not proactive, as the court has to wait f

Question 28

Consequences of federalism

Answer 28

• Legal consequences – variety in state laws, they may vary on death penalty or drugs.
• Policy consequences – states act as policy laboratories. Health care reform in Arizona and Massachusetts has received national attention.
• Consequences for elections – all elections are state based. Each state decides the voting system, Oregon use a postal vote system whereas Arizona experimented with on-line voting
• Consequences for political parties – political parties are essentially decentralised, state parties. Texas Democrats differ from Massachusetts Democrats and Vermont Republicans differ from South Carolina republicans. Highlighted in 2016 when Republicans in Colorado, North Dakota and Wyoming decided not to have a primary or caucus but to pick delegates by a state party convention.
• Economic consequences – seen in the complexity of tax system. Income tax levied by some state and federal governments.

Question 29

Does federalism still work - yes

Answer 29

• It permits diversity
• Creates more access points in government
• Well suited to geographically large area
• It makes states policy laboratories, experimenting with new solutions
• Provides a double security for individual rights and liberties

Question 30

Does federalism still work - no

Answer 30

It masks economic and racial inequalities
• It can frustrate the national will – 2016 Clinton won the popular vote but Trump became President
• Makes problem solving more complicated – response to 2005 Hurricane Katrina was slow as federal or state government were unsure who should deal with it
• Relationship between federal and state government can become a source of conflict
• Its overly bureaucratic and can be costly to run

Question 31

Does the us constitution still work - yes

Answer 31

• Proven to be an excellent compromise between national governments and state government diversity
• US constitution has been adaptable to modern society. Due to implied powers
• Demanding amendments process usually prevents ill conceived proposals for amendment. However the 18th amendment was still passed
• Rights and liberties have been protected. For example the 1st amendment in the Bill of Rights 1791
• Supreme courts power of judicial review made the constitution adaptable through interpretative amendments. For example Roe vs. Wade 1973 legalised abortion

Question 32

Does the US constitution still work - no

Answer 32

• Power of judicial review gives the unelected judiciary too much power
• It is too negative, giving too much power to those who oppose change. For example the 2nd and 3rd amendments are outdated but they haven’t been changed
• Some parts make little sense in modern society, for example the Electoral College. In 2000 Al Gore won popular vote but didn’t become president, same occurred with Clinton in 2016
• Some parts did not work as the founding fathers wanted to. For example gridlock has occurred and not partisanship. Also federal government has gained more power in recent years.
• The amendments process is too difficult, making it almost impossible to amend parts no longer applicable or to add parts that the majority desires.