US constitution and federalism

Question 1

When comparing the political situations of 2 countries which 3 theoretical approaches will help you to explain outcomes

Answer 1

Rational
Culture
Structural

Question 2

How do you understand rational theory

Answer 2

Focus on individuals who will act selfishly to protect their best interests

Question 3

How do you understand structural theory

Answer 3

Focus on institutions and processes - explain outcomes becaus of the processs in place

Question 4

HOw do you understand cultural theory

Answer 4

Focus on group and shared ideologies
Explain a political outcome because it was expected or because a group acted with a shared ideology - this is cultural

Question 5

What is a constitution

Answer 5

A collection of rules and principles that outlines a political system , location of sovereignty and the relationship between the government and those being goverened

Question 6

When was US constitution written and ratified what has been its effect

Answer 6

1787 and 1789 since then the US government has been regulated by the rules laid out in the constitution

Question 7

What are the key features of the US constitution

Answer 7

1 7000 words it governs a country 10million square KM with a population over 300 million
2 to avoid becoming outdated the language is vague so it can be interpreted and adapted over time
3 Unlike UK constitution US constitution is codified - sovereignty resides in the constitution as the political authority and power
4 it is entrenched (protected by law) so it is JUDICIABLE- article v outlines the amendment process to the constitution

Question 8

Outline the origins of the constitution

Answer 8

After the declaration of Independance 1776 the 13 colonies under British rule became 13 states at war with Britain for Independance
2 The states wrote the articles of confederation which created a weak federal government and prioritised the sovereignty of the states
3 after the war the weaknesses of this article were recognised
4 debates were already taking place about the need for a stronger central government and rebellions against the newly formed government were happening
5 in Philadelphia in 1787 55 men from 12 states gathered to solve the political problems - wrote the articles of confederation

Question 9

WHat are the 3 branches of US federal government and what powers does the constitution give each one
How is this different to the UK

Answer 9

Executive
Legislature
Judiciary
The constitution gives each one a set of enumerated powers (written down)

US has separate powers UK has fused executive and legislative branches

Question 10

What is federalism

Answer 10

A system of government where power and sovereignty are shared between federal government and individual state

Question 11

What are the enumerated powers of each branch

Answer 11

1 executive branch is the president
Recognises other countries
Negotiates treaties
Grants reprieves and pardons
Vetoes legislation
Nominates federal justices
Commander in chief
2 Judicial branch is the Supreme Court
Inference of judicial review
3 legislative branch is congress
Collect taxes
Borrow money
Declare war
Regulate trade
Ratifies treaties and appointments

Question 12

Why did the founding father feel separation of powers was important

Answer 12

They did not want to create a federal government with in limited powers like Parliament as this type of government could challenge the authority of individual states
They wanted to limit the powers and prevent any branch from gaining to much power

Question 13

What does article 1 forbid
What is it known as

Answer 13

Any one person holding office in more than one branch at any time to prevent an individual from gaining to much power
This is known as the ineligibility clause

Question 14

Explain checks and balances

Answer 14

Each branch of federal government is given power to oversee the actions of another branch and can prevent branches from action

Question 15

What is federalism

Answer 15

System of shared sovereignty - the government have the authority over some aspects of political life while state remain sovereign over others - it ensure a states rights and individual cultures and beliefs were not ignored

Question 16

The new US constitution was codified what does this Mean

Answer 16

The constitution is all written in one document

Question 17

What did Richard Neustadt claim in 1960 about the separation of powers in the constitution

Answer 17

That it was misleading and the constitution of 1787 was meant to create a government of separate powers but it did not do this it created a government of separate institutions sharing powers

Question 18

The new constitution was entrenched what does this mean

Answer 18

The document is protected by law and is difficult to amend

Question 19

How can the US constitution be amended

Answer 19

By following the process laid out in article V entrenchment

Question 20

How many amendments have there been since it was written

Answer 20

27out of 12000 proposed

Question 21

What are the 2 stages of the amendment process

Answer 21

1 a proposal stage at national level
2 a ratification stage at state level\

AN AMENDMENT IS PASSED BY 2/3 VOTE IN BOTH HOUSES OF CONGRESS RATIFIED BY 3/4 OF STATE LEGISLATURES

Question 22

How long does an amendment take

Answer 22

Congress place a time limit on ratifications usually several years to avoid events like the 27th amendment which tool more than 202 years to ratify

Question 23

What does the term supermajority mean

Answer 23

A required majority of more than a half in a vote. The US constitution specifies supermajorities of 2/3 and 3/4 for a variety of processes

Question 24

OUT LINE 3 KEY AMENDMENTS

Answer 24

Amendments 1-10 - the bill of rights protecting free speech
Amendments 13-15 civil war amendments ending slavery
Amendment 16 allows congress to levy income tax

Question 25

What are the disadvantages of the formal amendment process

Answer 25

1 difficult to ensure the constitution remains uptodate
2 outdated aspects of the constitution still exist
3 ignores minority interests
4 power given to the Supreme Court
4 tyranny of the minority -
5 despite the difficulty of the formal process there have been mistakes

Question 26

What are e the advantages of the formal amendment process

Answer 26

1 broad support
2 prevents short lived trends becoming amendments
3 protects the constitution and its principles
4 prevents tyranny of large states or single parties
5 few changes
6 it works

Question 27

Debate - is the amendment process effective today

Answer 27

Yes
1 it ensures broad support is gained for amendments - recent shootings in USA suggested repealing 2nd amendment 2018 poll only 1 in 5 wanted the 2nd amendment repealed -so the constitution reflects the will of the people
2 it ensures the amendments are well thought through
3 it protects the principles of the constitution - prevents the constitution been manipulated to suit political ends
4 it prevents tyranny of the majority

No
1 necessary amendments have been prevented eg finance reform
2 outdated aspects of the institution remain
3 it allows minorities to be ignored
4 allows for a powerful Supreme Court that can make new laws

Question 28

What are checks and balances

Answer 28

Ways in which each of the 3 branches of government can exercise control over the other branches

Question 29

What constitutional powers does congress have that can limit the actions of the president

Answer 29

1 legislation - congress can create. Amend, delay and reject legislation
2 veto override when congress passes a law it goes to the president to sign and become law or to veto. Congress can override this with 2/3 vote forcing a bill into law
3 power of the purse - congress has the right to raise taxes and spend the money raised known as the power of the purse - this prevents the president spending without consent
4 declaration of war = the president is the commander in chief and can move troops but congress is the only branch that can formally declare war
5 impeachment - congress can bring impeachment proceedings against a president
6 ratification of treaties (senat only) treaties negotiated by a president need 2/3 vote in the senate to be approved
7 ratification of appointments (senate only) presidential appointments to the federal court, federal government, and ambassadors are all subject to senate advice and consent

Question 30

What constitutional powers does congress have that limits the powers of the supreme court

Answer 30

1 impeach justices - same process as impeaching president
2 propose a constitutional amendment - in a Supreme Court case the court is required to judge if an issue is constitutional or not. By changing the constitution a ruling of the Supreme Court can be overturned
3 creation of lower courts - congress has the power to create lower outs and the power to regulate the supreme courts Rome in hearing appeals from these lower courts - congress can regulate what cases the Supreme Court is allowed to hear
4 ratify judicial appointments (senate only) presidential nominations to the Supreme Court can have a huge impact on the makeup of the court - a president will try to choose a nominee with a similar ideology to their (either conservative or liberal) this could change the ideaology of the cour overall

Question 31

What powers are given to the president allowing them to influence and prevent the action of congress

Answer 31

1 suggest legislation
2 sign/veto legislation
3 commander in chief of the armed forces - decides the stationing and movement of troops and use of weapons
4 power of pardon - can excuse someone from federal crime
5 nomination of judicial appointments- he can shape the court through his choice of nominee

Question 32

What power does the Supreme Court have to check congress and the president

Answer 32

1 Judicial review - they have the power to rule if acts of congress or president are constitutional if not they are null and void

Question 33

The constitution lays down the requirements to be a member of each branch of government
What are they

Answer 33

1 president candidate must be 35 years old+ a natural born US citizen and resident in US for the past 14 years
1 to be appointed to the senate they must be 30+ years be a US citizen for a least 9 years and live in the state they want to represent in congress
3 to be elected to the House of Representatives they must be 25+ and be a IS citizen for 7 years and live in the state they want to represent

Question 34

What factors influence whether a constitutional principle is going. To be effective

Answer 34

1 is federal government divided or unified - in a unified government congress and president are more likely to work together
2 when the next election is - congressional elections are every 2 years when an election is near congressional representitives are more likely to act as their constituents wish
3 the national circumstances - during times of crisis congress is likely to act with defence allowing the president to have greater political control

Question 35

What is US federalism

Answer 35

After the war of Independance the newly freed states did not want to five sovereignty to a federal government so the constitution divided sovereignty between the state and federal government each have there own powers protected by the constitution

Question 36

List ways in which states retain sovereignty

Answer 36

1 citizens rights - these vary between states
2 criminal punishments eg death penalty 27 states allow it and use 5 different methods
3 electoral registration - article 1 allows states to run their own election and has resulted in huge variation in electoral practices
4 taxes - citizens are taxed federally and by the state some states have no income tax the tax’s can be very different between states

Question 37

List ways in which sovereignty is challenged

Answer 37

1 citizens rights - some rights are dictated by federal government
2 criminal punishment - Supreme Court has put restrictions on use of death penalty
3 electoral regulations - many federal and constitutional laws have extended voting rights at national level
4 taxes - citizens pay federal tax

Question 38

Debate - is the USA federal today ?

Answer 38

YES
1 a more common conservative Supreme Court seems willing to return important decisions to the states
2 election regulations remain with the state
3 Increasing hyperpartisanship in federal government has resulted in gridlock so states have had do take on the role of greater governance
4 while federal law supersedes state law state law has contravened federal law and has been unchallenged

NO
1 The Supreme Court appears to be growing in power - federal government has more influence
2 there have been pieces of landmark legislation from federal government that have impacted states and held up by the Supreme Court
3 rights are uniformity protected at federal level
4 certain national issues demand a national response

Question 39

Why is it argued that the 1787 constitution does not always reflect modern understanding of democracy

Answer 39

1 the founding fathers were sceptical of democracy as it would allow the rights of the minor party
2 they were mainly privileged educated men - some were enslavers , most were wealthy and so had a mistrust of popular democracy

Question 40

What Are the challenges to democracy in the constitution

Answer 40

1 the electoral college - having this method of election for president limits the direct influence of the public and could be overturned by electors
2 an originally appointed senate - the senate was to be appointed by the state governments giving an unelected branch great influence
3 equal representation for the states - having 2 senators per state ensures smaller states are not ignored it undervalued larger states in the senate
4 the role of supermajorities - thy are meant to ensure a simple majority could not by tyrannous over the minority they can result in a smaller minorities views being ignored

Question 41

Debate does the US constitution uphold democracy

Answer 41

Ways the constitution upholds democracy
Liberal democracy
1 the bill of rights ensures that individual rights are upheld
2 the power of the Supreme Court and the guarantees of its Independance allow further protection of rights
3 checks and balances ensure limited government with president often failing to meet all their goals through congress

Representative democracy
1 all appropriate bills must begin in the House of Representatives which directly represents its constituents due to the 2 year electoral cycle
2 the house of representitives ensures proportionality in representation with the largest states having the most members
3 amendments have extended the number of eligible voters in the USA ensuring more Americans can be represented in elections
4 the senate is now elected ensuring more popular sovereignty
5 amendments to the constitution can not be made without the approval of states each one valued equally

Ways the constitution undermines democracy

Liberal democracy
1 checks and balances can limit government to the point where it is not effective
2 the electoral college undermines the principle of free fair elections
3 not all rights have been effectively protected

Representative democracy
1 the Supreme Court hold power to interpret the constitution and overrule branches but is nor representative of the general population and is unaccountable as the justices are not elected
2 the senate represents the USA by state not population so smaller states are under represented
3 the requirements at many points in the constitution for a supermajority allows for tyranny of the minority

Question 42

Debate - how strong is the us constitution

Answer 42

Strong
1 the vagueness of the US constitution has allowed for interpretation amendments by the Supreme Court which has helped to ensure the constitution remains relevant today and be reactive to changing circumstances
2 the US CONSTITution is codified and is difficult to change. It provides clarity about the rights of US citizens that can be enforced by the Supreme Court
3 the constitution outlines the powers of each branch of government and through the separation of powers, checks and balances and the short election cycle ensures government always has to work in the interests of the people it represents
4 the amendment process has worked and allows for flexibility of the constitution while preventing frequency change in response to trends

Weak
1 the vagueness has allowed broader interpretation than the founding fathers may have envisaged
2 the codification has led to outdated aspects remaining and has potential to create gridlock in government through checks and balances
3 the constitution can create gridlock in the case of a divided government
4 the amendment process is to difficult preventing necessary amendments and allowing mistaken amendments

Question 43

Similarities between the nature of the US and UK constitutions

Answer 43

1 both can be amended informally or formally
2 both are judicial to an extent US through Supreme Court Ik through acceptance of the Human Rights Act
3 both consist of written documents US is a formal written document in the UK there are many written sources
4 both constitutions allow for explicit protection of citizens rights and both have infringed on rights in the name of national security

Question 44

Differences between the nature of the USA and UK constitutions

Answer 44

1 US constitution is codified UKS is uncodified
2 US constitution is entrenched through article V UKs is not
3 in the UK sovereignty rests with parliament USA sees sovereignty rest in the constitution but split between states and federal government
4 rights protection in USA is more extensive with an entrenched bill of rights and a sovereign Supreme Court. In the UK rights are given and taken by government

Question 45

Similarities between the principles of the us and uk constitutions

Answer 45

1 both have separation of powers to some extent
2 the growth in power of House of Lords could be compared to divided government in US both suggesting effectiveness of checks and balances
3 checks and balances exist in both countries with the Supreme Court

Question 46

What ate the difference between the principles of the US and UK constitutions

Answer 46

1 checks and balances are limited in UK due to fused powers of executive and legislature but are strong in US
2 Bipartisanship is enforced through supermajorities in the US constitution but usually unnecessary in Uk because of large electoral majorities of the winning party
3 US government is limited though separation of powers and checks and balances which can lead to government shut downs

Question 47

What are the similarities between the federal and devolution of the US and Uk constitution

Answer 47

1 US are reliant on grants from government to support their budget in the same way UK nations are reliant on money from central government
2 the national government maintains some supremacy over smaller regional government s
3 both states and devolved regions have differences in legislation to other parts of the respective countries

Question 48

What are the differences between the federal and devolution of the US an Uk constitutions

Answer 48

1 each state in the US can have very different legislation and criminal punishments most of uk criminal law is similar
2 the states of the USA have their sovereignty protected the devolved bodies are dependent on parliament for their existence
3 uk devolved bodies have limited recourse to appeal to the Supreme Court in the US states often successfully challenge the federal government in Supreme Court