US Constitution and Federalism - Topic 1.2

Question 1

Why is federalism a principle of the US Constitution?

Answer 1

The Founding Fathers wanted a strong central government while also recognising the states that comprised the United States. The federal government has authority over some aspects of political life while the states have the rest. Having the principle of federalism in the Constitution, states’ rights are protected while limiting both state and federal governments

Question 2

How effective is federalism today in the US?

Answer 2

• Due to the size and diversity of the US, federalism makes managing the US an easier task as locals run their local areas with their best interests. State and local officials are closer to the problems of their areas, and so should choose policies to solve them
• State governments can experiment with policies and bills which could be applied federally depending on the success and failures of the policy
• One person or party cannot exercise full control over the country even if they took over the federal government since state governments are not tied to the federal one
• The US doesn’t have a single-policy on some issues
• Failed policies lead to a lack of accountability because boundaries between federal and state government overlap
• Most often citizens ignore their state and local governments and consequently know little about how the local government affects their lives

Question 3

Why are checks and balances a principle of the US Constitution?

As well as the separation of powers

Answer 3

The Founding Fathers feared a supremely powerful person or branch having full authority over the country. By separating government into three branches, one person assuming control over the entirety of the nation is near-impossible, and each branch can check the others to make sure that one branch is not becoming too powerful. Branches must therefore cooperate to make the country run smoothly

Question 4

Checks and balances on the Legislative

Answer 4

Presidency:

• The President can suggest legislation during their annual State of the Union address
• The President is the Commander in Chief of the Armed Forces and so can move troops
• The President can either sign or veto legislation that has passed in Congress

Supreme Court:

• Judicial review

Question 5

Checks and balances on the Executive

Answer 5

Congress:

• State of the Union address
• The President and Vice-president have to give up their seat in either chamber
• Congress can override a veto made by the President
• The House have the power of the purse; controlling the budget and the right to raise taxes
• The president cannot declare war, only move troops, Congress declares war
• Congress can impeach the president, the House brings the charges and the Senate begins the formal trial
• The Senate can only ratify treaties
• The Senate can only ratify appointments made by the President

Supreme Court:

• Judicial review

Question 6

Checks and balances on the Judiciary

Answer 6

Congress:

• Congress can impeach justices
• Congress can only introduce a constitutional amendment
• Only Congress can create lower courts that answer to the Supreme Court
• The Senate ratifies judicial appointments

Presidency:

• The President has the constitutional right to ‘grant reprieves and pardons’ for anyone they want to
• The President is the only person that can formally nominate judicial appointments

Question 7

How effective are checks and balances today in the US?

Answer 7

• Congress have impeached three presidents four times, however unsuccessful
• Congress have kept the president in check by reducing their power and therefore the “imperial presidency”
• The Supreme Court ruled that President Trump cannot receive absolute immunity in relation to subpoenas and his private papers (Trump v Vance)
• Due to a rise in partisanship, the branches have resultantly been stalemating and gridlocking, meaning it is harder to run the country effectively and smoothly.
• The Paris Agreement has not been put forward the Senate despite Obama signing up to it in 2015

Question 8

Why is bipartisanship a principle of the US Constitution?

Answer 8

The Founding Fathers wanted to make sure that the Constitution would enforce compromise and majority support. They were weary of parties dominating politics. Because of the times when the elections happen in the Executive and Legislative, it is hard for one party to maintain control for even a term and so therefore bipartisanship is an integral part of the system to make sure compromise happens

Question 9

How effective is bipartisanship today in the US?

Answer 9

• The number of bills passed has decreased
• The number of gridlocks has increased
• There have been 4 government shutdowns in the past 10 years
• America has become incredibly polarised and disagreement between parties has meant that very few things get done

Question 10

Why is the principle of limited government in the US Constitution?

Answer 10

As the Founding Fathers and America fought for independence against tyranny of an absolute authority, they did not want to form a government that resembled Parliament. The federal government should only be as big as it needs to be and must be kept in check. Individual freedoms of the citizens were enshrined as well to make sure that these rights could not be taken away from them (the Bill of Rights)

Question 11

How effective is limited government in the US today?

Answer 11

• Checks and balances have been used in the past to keep all three branches in check
• The 10th Amendment still exists, maintaining states’ rights against the federal government
• The Bill of Rights still exists and the rights of Americans have expanded to include more liberties and people
• The power of both Congress and the President have grown considerably since the country’s founding and has come a long way
• Limiting government has sometimes become too effective leading to Congress or the President not being able to work well