Key Features of the US Constitution

Question 1

What are the 3 principles of the US Constitution? - Features of the Constitution

Answer 1

The US Constitution is based around checks and balances, a separation of powers and federalism.

Question 2

What is the separation of powers? - Features of the Constitution

Answer 2

The separation of powers is a theory of govenment whereby political power is distributed between the Executive, Legislature and Judiciary, with each branch acting independently and interdependently.

Question 3

Who influenced the separation of powers? Why was this desirable? - Features of the Constitution

Answer 3

The separation of powers was introduced by Montesquieu, with this desireable to protect the US from descending into the tyranny of one branch of government.

Question 4

What is the separation of personnel? - Features of the Constitution

Answer 4

The separation of personnel is the principle that no individual should hold positions in multiple branches of government.

Question 5

Why is the separation of powers a misleading concept? - Features of the Constitution

Answer 5

The separation of powers is more of a separation of personnel in practice, with powers realistically shared between branches of government and different individuals exercising these powers.

Question 6

What is the principle of checks and balances? - Features of the Constitution

Answer 6

The system of checks and balances is a form of government which operates by giving each of the Executive, Legislature and Judiciary the opportunity to partially control each other’s powers.

Question 7

How does the President’s State of the Union address check Congress? - Features of the Constitution

Answer 7

The State of the Union allows the President to reccommend legislation to Congress, with this delivered as a speech to both houses, the Supreme Court, Cabinet, etc. Similar to the Queen’s speech.

Question 8

When has the State of the Union address been of significance previously? - Features of the Constitution

Answer 8

2010 State of the Union address focussed on Obama’s healthcare reforms, with legislation passed 2 months later.
2021 State of the Union address prioritised Biden’s ‘Build Back Better’ agenda.

Question 9

How does the President’s power of veto check Congress? - Features of the Constitution

Answer 9

The President may veto any bills passed through Congress under Article II of the Constitution. Allows them to return bills to Congress unsigned and with reasons for objection.

Question 10

What instances are there of the President using a veto on congressional bills? - Features of the Constitution

Answer 10

Obama used his presidential veto on 12 occasions during 8 years in office, including on legislation that would repeal his healthcare reforms.

Question 11

How does the President check the powers of federal courts through nominations? - Features of the Constitution

Answer 11

The President nominates all appointments to the Supreme Court, trial and appeal courts. The President is able to choose judges matching their own ideological views and stances, hence shaping the political outlook of the court.

Question 12

What examples are there of the President checking the powers of federal courts through nominations? - Features of the Constitution

Answer 12

Obama nominated Sonia Sotomayor in 2009 and Elena Kagan to the Supreme Court in 2010, whike Donald Trumo nominated both Brett Kavanaugh and Amy Coney Barrett to the court.

Question 13

How can the President check the federal courts through the power of pardon? - Features of the Constitution

Answer 13

The President is able to grant legal pardons to those that are expected to be tried or convicted as a result of their actions.

Question 14

How many people did Clinton pardon on the last day of his presidency? How many did Obama pardon in his final 3 weeks? - Features of the Constitution

Answer 14

Clinton pardoned 140 people on the last day of his presidency, with Obama pardoning 142 in 3 weeks.

Question 15

Which notable individual did Ford pardon? Which notable individual did Trump pardon? - Features of the Constitution

Answer 15

Ford notably pardoned his predecessor, Nixon, of any crimes that may have been committed as part of the Watergate Scandal. Trump pardoned former White House strategist Steve Bannon.

Question 16

How can Congress check the President in terms of legislation? - Features of the Constitution

Answer 16

Congress is able to reject, amend or block any legislation recommended by the President.

Question 17

How can Congress check the President in terms of the Presidential Veto? - Features of the Constitution

Answer 17

Congress may override the President’s veto by gaining a 2/3 majority in both Houses of Congress.

Question 18

How can Congress check the President through the ‘power of the purse’? - Features of the Constitution

Answer 18

Congress must approve all money that is granted to the President to spend on their policy. By withholding this funding, Congress can obstruct the agenda of a President.

Question 19

How can Congress check the President in terms of foreign policy? (Declaring war/treaties) - Features of the Constitution

Answer 19

Declaring war - although the President is the commander-in-chief of the armed forces, Congress has the power to declare war.
Treaties - ratification of treaties requires a 2/3 majority of SENATE.

Question 20

How has Congress’ role in foreign policy changed over time? - Features of the Constitution

Answer 20

In recent years, the power to declare war by Congress has become increasingly disused. However, Congress now authorises the committal of troops after Presidential approval, similar to in the UK.

Question 21

What examples are there of Congress amending, blocking or rejecting legislation under Obama? - Features of the Constitution

Answer 21

In 2010, a heavily amended version of Obama’s healthcare reforms were passed. Furthermore, any attempts at gun control or immigration reforms were rejected.

Question 22

How many of Bush’s vetoes were overridden by Congress? How many of Obama’s were overridden? - Features of the Constitution

Answer 22

4 of Bush’s vetoes were overridden by Congress. 1 of Obama’s 12 vetoes were overridden by Congress.

Question 23

When has the control of the ‘power of the purse’ been used by Congress to check the President? - Features of the Constitution

Answer 23

In 2019, Congress refused to accept a package to agree the funding for the federal government, with a 35 day governmeng shutdown ensuing under Trump. Divided government in 2006 also refused to fund Bush’s Iraq War.

Question 24

What example is there of Congress checking the Presidency’s foreign policy in terms of declaring war? - Features of the Constitution

Answer 24

Congress declared war on Japan in 1941, later approving the invasion of Iraq in 2002.

Question 25

What examples are there of Congress checking the Presidency’s foreign policy in terms of treaties? - Features of the Constitution

Answer 25

3 major treaties have been blocked by the Senate:
1919 - Treaty of Versailles
Comprehensive Test Ban Treaty
Convention on the Rights of Persons with Disabilities.

Question 26

How does Congress check the presidency in terms of appointments to the Executive/Judiciary? - Features of the Constitution

Answer 26

All appointments to the Cabinet/Judiciary/ambassadorial roles/heads of govt. agencies (FBI and CIA) are done by the President, yet must be approved by a 2/3 majority of the Senate.

Question 27

What examples are there of the Senate rejecting Presidential appointments? - Features of the Constitution

Answer 27

Reagan had 1 of SC nominees rejected by the Senate (Bork), Obama had nomination of Merrick Garland rejected to the SC due to the close proximity to the 2016 election.

Question 28

How can Congress check the Presidency through powers of investigation? - Features of the Constitution

Answer 28

Congressional committees can be set up in order to investigate the actions of the Executive.

Question 29

What example is there of Congress checking the presidency through the power of investigation? - Features of the Constitution

Answer 29

In 2012, 7 Congressional Committees were set up to investigate the actions of Clinton and Obama in Benghazi, Syria.

Question 30

How can Congress check the Presidency in terms of impeachment? - Features of the Constitution

Answer 30

Congress can accuse and convict a President of misconduct or a crime, potentially removing them from office. The House can charge a President with a simple majority, while the Senate can remove a President from office with a 2/3 majority as part of a trial.

Question 31

What examples are there of Congress checking the presidency through impeachment? - Features of the Constitution

Answer 31

President Andrew Johnson was impeached, Clinton was charged with perjury and then the obstruction of justice, Trump was charged with abuse of power over Russian interference and later charged with incitement of insurrection.

Question 32

How does Congress check the Federal Courts in terms of impeachment? What examples are there of this? - Features of the Constitution

Answer 32

Congress can oversee the impeachment, trial and removal of office of federal judges. In March 2010, Judge Porteous was removed over corruption, while from 1986-9, 3 federal judges were removed by Congress.

Question 33

How can Congress check the Federal Courts in terms of constitutional amendments? - Features of the Constitution

Answer 33

Congress can overturn Supreme Court decisions by altering the Constitution.

Question 34

What instances are there of constitutional amendments allowing (attempting to allow) Congress to check the power of the Federal Courts? - Features of the Constitution

Answer 34

In 1896, it was declared unconstitutional for the state to impose a federal income tax, with the 16th Amendment later passed to allow this. Furthermore, amendments have been attempted to be passed to outlaw the desecration of the American flag.

Question 35

How do the Federal Courts check the Presidency in terms of judicial review? - Features of the Constitution

Answer 35

The Courts are able to investigate the actions of the Executive, with the Courts able to assess wherged action taken is legal in accordance with the constitution.

Question 36

What instances are there of the Federal Courts checking the presidency through judicial review? - Features of the Constitution

Answer 36

In 2016, the Supreme Court ruled that Trump’s ban on travel for 7 majority Muslim countries was deemed unconstitutional. In 1974, the Supreme Court forced Nixon to hand over evidence that was attempted to be suppressed as part of Watergate.

Question 37

How can the Federal Courts check Congress through judicial review? - Features of the Constitution

Answer 37

Acts of Congress may be declared unconstitutional if they directly conflict with the Constitution, which is the supreme law of the land.

Question 38

What example is there of an Act of Congress being declared unconstitutional by the Federal Courts? - Features of the Constitution

Answer 38

In 2013, the Voting Rights Act was deemed to be unconstitutional due to its targeting of certain states who would require preclearance from the federal government when changing voting laws.

Question 39

What is bipartisanship? Why was this desired by the founding fathers? - Features of the Constitution

Answer 39

Bipartisanship is where close cooperation occurs between the 2 major parties in the US to achieve shared political goals. This can be crucial to success of legislation in the US. This was desired by the founding fathers in order to foster a sense of compromise on proposals, preventing tyranny and the forcing through of laws without approval from all political perspectives.

Question 40

What is divided government? - Features of the Constitution

Answer 40

Divided government is whereby the presidency is controlled by one party, while either one or both houses of Congress are controlled by the other party.

Question 41

Of the 48 years from 1969 to 2016, how much of this period was divided government? How many of these years saw the Presidency and Congress controlled by entirely different parties? - Features of the Constitution

Answer 41

Of the 48 years between 1969 and 2016, 35.5 years saw divided government. For 24 years, the Presidency and Congress were controlled by different parties.

Question 42

For how many years between 1969 and 2016 did one party control the Presidency and both houses of Congress? What instances are there of this? - Features of the Constitution

Answer 42

Between 1969 and 2016, only 12.5 years of united government took place. This took place from 2009-11 unded Obama, from 2003-7 under Bush and from 1993-5 under Clinton.

Question 43

In the 48 years from 1921 to 1969, how many years of divided government were there? - Features of the Constitution

Answer 43

Across 48 years from 1921 to 1969, there were only 10 years of divided government.

Question 44

What arguments exist that divided government strengthens checks and balances/creates more effective government? - Features of the Constitution

Answer 44

Divided government arguably creates more effective scrutiny of the Executive, while legislation creates more of a compromise and is more democratically suited to the desires of the population as a whole. Also leads to more severe questioning in the nomination process, greater checks on treaties.

Question 45

What arguments are there that united government weakens checks and balances/creates less effective government? - Features of the Constitution

Answer 45

When Congress and the President are of the same party, legislation, nomination, budgets and treaties are subject to reduced approval, while the President is highly unlikely to face an overridden veto if Congress is held by the same party.

Question 46

What examples are there of lesser scrutiny by Congress in instances of united government? - Features of the Constitution

Answer 46

Under Lyndon B Johnson, Congress passed legislation allowing the President to have expanded remit over Vietnam with reduced scrutiny. Furthermore, little scrutiny by Republican Congress of Bush’s war in Iraq. ONLY TWICE IN LAST 50 YEARS HAS CONGRESS REJECTED VETO OF PRESIDENT OF ITS OWN PARTY.

Question 47

What is polarisation? What are the impacts of this on bipartisanship? - Features of the Constitution

Answer 47

Polarisation is where parties are less likely to meet in the middle on their proposals, largely operating at 2 differing ends of the political spectrum. This reduces the chance of governments reaching compromises on legislation, damaging the principle of bipartisanship.

Question 48

What example is there of bipartisanship under Bush? - Features of the Constitution

Answer 48

Bush managed to succeed in passing his educational reforms as a result of bipartisanship, with leading Democrat Senators such as Edward Kennedy supporting this.

Question 49

What is federalism? - Features of the Constitution

Answer 49

Federalism is a theory of government in which political power is divided between a national government and multiple state governments, each with their own areas of jurisdiction.

Question 50

What is limited government? What is popular sovereignty? - Features of the Constitution

Answer 50

Limited government is the principle that the scope of the powers and involvement of the federal government should be limited to what is necessary and good for people.
Popular sovereignty is the principle that ultimate political authority rests with the people.

Question 51

Why was limited government desired by the Founding Fathers? - Features of the Constitution

Answer 51

Limited government was desired by the founding fathers in order to protect the individual rights and freedoms of citizens. Would preserve the rights of the individual against potential for tyranny.

Question 52

What principle is key to the idea of Federalism? - Features of the Constitution

Answer 52

Federalism revolves significantly around the idea of decentralisation, with this distributing powers equally between the states and ensuring that the government at a federal level would not become excessively powerful over indiviuals ore their states.

Question 53

Describe federalism in the 1780s-1920s and 1930s-1960s respectively - Features of the Constitution

Answer 53

1780s-1920s: state governments exercised the majority of political power, with focus mainly on the rights of states.
1930s-1960s: Wall Street Crash and Great Depression saw a launching of federal govt. involvement in lives of people, exceeding state governments. NEW DEAL.

Question 54

What occurred with regards to federalism from the 1970s-2000s with regards to ‘New Federalism’ and the ‘Unfunded Mandate’- Features of the Constitution

Answer 54

‘New Federalism’ - saw greater responsibility reverting to the states from powers previously held by the federal government. A sort of decentralisation.
‘Unfunded mandate’ - legal obligations and expectations placed upon the actions of state governments without additional federal government funding.

Question 55

By what % did federal government spending increase under Bush? What 4 areas was the majority of this funding focussed on? - Features of the Constitution

Answer 55

Federal government spending increased by 33% under Bush. The majority of this funding was focussed on education, medicare, homeland security/defence and the economy.

Question 56

Which policy of Obama’s suggests a changing federal/state relationship? - Features of the Constitution

Answer 56

Obama sought to reform healthcare and provide universal healthcare insurance for those who were unable to afford this. This placed greater onus on the role of the federal government intervening in the lives of individuals.

Question 57

What arguments exist today that US Federalism still functions? - Features of the Constitution

Answer 57

Federalism creates more government access points, provides more security for individual rights and liberties, allows policy to be experimented with at local level prior to national implementation, is well suited to a geographically large amd diverse nation.

Question 58

What arguments exist today that federalism does not function? - Features of the Constitution

Answer 58

Federalism may frustrate the ‘national will’, may complicate problem solving, may create conflict due to disputes between federal and state government, is overly bureaucratic and costly to run.

Question 59

What powers are available ONLY to the federal government? - Features of the Constitution

Answer 59

The federal government can provide an armed forces, declare war, conduct foreign relations, coin money, make laws ‘necessary and proper’ to fulfil powers.

Question 60

What powers are available only to STATE governments? - Features of the Constitution

Answer 60

State governments oversee local governments, regulate electoral practices, maintain militias, assume powers not directly delegated to the federal government by the Constitution.

Question 61

What are concurrent powers of the federal and state governments? - Features of the Constitution

Answer 61

Concurrent powers between federal and state governments include making constitutional amendments, levying taxes, establishing and running courts.

Question 62

What is layer cake federalism? What is marble cake federalism? - Features of the Constitution

Answer 62

Layer cake federalism is where state and federal governments have clearly defined restrictions on their powers and authority.
Marble cake federalism is where there is a pragmatic and loose mixing of authorities at national, state and local levels (FEDERAL GOVERNMENT REMAINS DOMINANT).

Question 63

What Supreme Court ruling suggests that the federal government maintains its powers over state autonomy? - Features of the Constitution

Answer 63

The National Federation of Independent Business v Sebelius ruling maintained the Affordable Care Act and its involvement in forcing state governments to fund medical schemes.

Question 64

What past and recent examples exist of federal government taxation and budgeting intervening in typically state government areas? - Features of the Constitution

Answer 64

1930s New Deal stimulus package, $3tn COVID recovery package under Biden, $787bn stimulus after 2008 Financial Crash, Hurricane Katrina rebuilding and aid.

Question 65

What arguments exist that the federal government is challenging state autonomy? - Features of the Constitution

Answer 65

The federal government is hugely involved in taxation and federal financing, federal government’s role in healthcare has grown, the federal government coordinates national crisis responses, education role has expanded, Supreme Court rulings have grown the role of the federal government.

Question 66

What arguments exist that state governments retain significant autonomy over their actions? - Features of the Constitution

Answer 66

Laws still vary across states, electoral practices are delegated to the states, state governments retain a role in managing national crises, state governments oversee much of healthcare provision/illegal immigration policy.

Question 67

What Supreme Court rulings have reasserted the authority of the states over the federal government? - Features of the Constitution

Answer 67

US v Texas saw the SC strike down Obama’s use of an EO to implement immigration reforms due to costs to the states. Sebelius (2012) struck down Medicaid provisions in Obamacare due to the fact that states were threatened with withdrawal of federal Medicaid grants if they didn’t participate in Obamacare.

Question 68

What evidence is there of the continued authority of state governments in the field of illegal immigration? - Features of the Constitution

Answer 68

Some states allow ‘sanctuary cities’, where illegal immigrants are protected from identification as such by federal immigration officials.

Question 69

What examples are there of the variation of laws between states in the US, evidencing the nature of a federal government? - Features of the Constitution

Answer 69

The use of the death penalty varies from state to state, taxes are set at a federal level and supplemented by state taxes (7 states have 0% tax), marijuana usage is legalised in certain states and strictly barred in others.