The constitutional framework of the US government

Question 1

What does Constitutional sovereignty mean?

Answer 1

Constitutional sovereignty is the ultimate power (Sovereignty) lies in the Constitution, not with the legislature as is the case in the UK.

Question 2

What are the Articles of Confederation?

Answer 2

The original constitution of the USA drawn up in 1777 and ratified in 1781. It had a weak central government and soon proved unsuited to the fledgling nation.

Question 3

What are checks and balances?

Answer 3

They are the different processes by which different branches of government are limited or checked by others, thus ensuring no one branch becomes too powerful.

Question 4

What are the Bill of Rights?

Answer 4

These were the first 10 amendments to the constitution passed in 1791. Key rights include the First Amendment right to freedom of expression and the Sixth Amendment right to a fair and speedy trial.

Question 5

Who were the Federalists and what did they want?

Answer 5

They were the Founding Fathers who wanted a stronger central government. Arguably the first example of a party faction in the US.

Question 6

What is the nature of the US Constitution envisaged by its framer/ Founding Fathers?

Answer 6

• That different branches would cooperate and not one would get too powerful.
• There was a suspicion of direct democracy
• It would be permanent and long-lasting, hence it was made deliberately difficult to amend.

Question 7

The separation of power - What can and cannot the President do/what are they/in charge of ? (7 key things)

Answer 7

• Is the commander-in-chief of the armed forces
• Oversees foreign policy and relations with foreign powers.
• Is in charge of the federal bureaucracy, chooses ministers
• Can issue pardons to individuals
• Nominated judges (to Supreme Court also)
• Can suggest laws to Congress and can also veto them
• Cannot sit in Congress, not can be a member of the cabinet

Question 8

The separation of power - What can and cannot Congress do? (5 key things)

Answer 8

• Passes laws and raises taxes
• Must confirm most presidential appointments (Senate only)
• Ratifies foreign treaties and formal declarations of war
• Can impeach the President and judges
• Cannot serve in government so must resign if appointed to the executive by the president

Question 9

The separation of power - What can and cannot the Supreme Court do? (3 key things)

Answer 9

• Interprets the Constitution
• Ensures the actions of Congress and the president are in accordance with the Constitution
• Can ‘strike down’ laws/actions it sees as unconstitutional

Question 10

What exceptions to the separation of powers are there?

Answer 10

The Vice President is also president of the Senate and has the casting vote on the event of a tie.
The president’s power of pardon is a judicial rather than executive power.
Control and deployment of the armed forces: the president is commander-in-chief but Congress must authorise any declaration of war.

Question 11

What checks and balances are there for the President (3)?

Answer 11

The president has the power to veto laws, but Congress can overturn the veto with a two-thirds vote in each chamber.
The president appoints judges and ministers, but the Senate can reject a nomination by a simple majority.
The president is head of the armed forces, but Congress can refuse funds (power of the purse).

Question 12

What checks and balances are there for Congress (3)?

Answer 12

Congress can pass laws, but the president can veto those laws.
Congress can impeach the president, but it requires a high threshold of votes in the senate to convict.
Congress can ratify foreign treaties, but the president can bypass formal treaties by making executive treaties.

Question 13

What checks and balances are there for the Supreme Court (3 examples)

Answer 13

The Supreme Court can strike down laws passed by Congress deemed unconstitutional. However, Congress can pass a constitutional amendment (rare and complex. The Supreme Court cannot initiate cases of its own accord and the president can alter the political composition of the Court, via appointments and vacancies. However, with the support of Congress, they could enlarge (pack) the Court.

Question 14

Where does judicial review come from?

Answer 14

The power of the Supreme Court to review laws and actions to judge whether they are compatible with the Constitution. It was not specifically mentioned in the Constitution but emerged from the landmark case, Marbury v Madison 1803.

Question 15

What is federalism?

Answer 15

Federalism is the notion that power is shared between the central government (federal) and the individual 50 states.

Question 16

What key powers do states retain that limit the power of the federal government? (3 key things)

Answer 16

States retain some powers including:

• Power over local taxes such as sales tax and local property taxes
• Aspects of their election process, including whether to use primaries or caucuses to select candidates
• Wether or not to have the death penalty.