US Constitution
Nature of the Constitution
Constitutional framework
The original constitution played out 7 main Articles (created in 1787).
Article 4- The states- the relationship between the states and the admittance of new states
Article 5- Amendment process
Article 3- Judicial Branch
Article 6- Supremacy of the Constitution
Article 2- Executive Branch
Article 7- Outlines the conditions for ratification.
Article 1- Legislative Branch
First 10 amendments (ratified in 1791) are known as the Bill of rights and contains the right to bear arms and religious freedom.
The US Constitution has had just only 27 amendments in 200 years.
Codification and Entrenchment
Codified: Constitution is written in one place.
Entrenched: Special procedure to change the constitution.
Federal: The power is shared equally across all states.
The founding fathers made it so difficult to change in order to try and protect individuals from the abuse of power.
Vagueness
Executive Branch
Legislative Branch
Judicial Branch
Enumerated powers: rule on issues arising from the constitution on conflicts between 2 or more states, or between the federal and state government.
Implied powers: The ability to decide if a law violates the Constitution is called judicial review. It is this process that the judiciary uses to provide checks and balances on the legislative and executive branches. Judicial review is not an explicit power given to the courts, but it is an implied power.
Enumerated powers: President is the commander and chief of the army and navy, make treaties, appoint judges and ambassadors, veto legislation.
Implied powers: make executive agreements, which are very similar to treaties, but don't require Senate approval. Executive orders are also commonly issued that affect foreign policy and international relations. The president has many more implied powers, including convening meetings of world leaders and imposing sanctions.
Enumerated powers: To regulate commerce within foreign nations/ states/ Indian tribes.
Implied powers: The "elastic," or implied powers, clause gives Congress the authority to pass laws it deems "necessary and proper" to carry out its enumerated functions. (Article 1 section 8)
Amendment Process
It is a two stage process- must be proposed and then ratified.
Proposed
Ratified
Amendment is proposed by 2/3 of each house in congress (26 out of the 27 done this way)
Proposed by a national convention called by Congress at the request of 2/3 of the state legislatures (Only 1 done this way)
Ratified by 3/4 of the state legislatures.
Ratified by 3/4 of state conventions.
Flag protection amendment didn't reach 2/3 in congress.
Principles of the Constitution
Federalism: States have equal power
Typical federal government powers include establishing a military and making treaties.
The 10th Amendment (The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.)- This protects the rights of the states.
Separation of Powers: Three key bodies each have their own powers, personel and buildings.
Checks and Balances: The division of power between the 3 branches, each branch can prevent an action from another branch.
Legislative Branch
Can override the Executives veto, impeach the president and ratify treaties.
Can impeach judges and create lower courts.
Executive Branch
They can Vito legislation made by Congress.
Nominate judges and have the power of pardon.
Judicial Branch
Judicial review (Both branches)
Bipartisanship: Attempts within congress to ensure the two main parties work together.
A divided government means that one party controls the executive branch whilst the other controls one or both houses in the legislative branch- can result in a stalemate.
Limited Government: power of the federal government over its states is limited due to the constitution.
Main characteristics of US Federalism
Nature of the federal system
Federalism refers to sovereignty is shared between a central government and the individual states.
Relationships between federal government and states
The economic crash in 1929 resulted in new deal policies meaning huge growth in the role of the federal government (especially economically). This argues the power of the states has eroded.
The federal government provides resources.
Categorical grants- must be spent how the federal government wants.
Mandates- e.g. a national drinking age.
Federal mandates often leads to conflict with the states. E.g. Shelby v Holder 2015- federal law was overturned.
Interpretations and debates
Is the constitution democratic?
Elections
Yes- The constitution upholds fundamental representative democracy principles by creating free and fair elections.
No- The electoral college is outdated and is based in reluctance to give the people power.
Checks and balances
Yes- Prevents one person or institution from holding all the power, stops corruption or abuse of power. E.g. Bush in 2012 requested a item veto power, congress denied him.
No- People may feel their views aren't reflected properly. E.g. 2012 the public voted for a democrat who wanted comprehensive immigration reform but the speaker refused.
Rights protection
Yes- Bill of rights plus the 14th amendment gives legal protection.
No- Shelby ruling allows the states to create laws to undermine the poor or minority voters to participate. Also with the overturning of Roe v wade
Strengths and Weaknesses of the Constitution
Flexibility
Its extremely to difficult to amend/change as only 2% of the population have to vote against a certain reform for it be disregarded.
Effective guide to political practice
There is a clear disconnect between the federal and state governemt. When Trump withdrew USA from the Paris climate change the states still upheld it.
Is the US still federal?
Constitutional protection of the states
States have the ability to decide on many matters such as criminal punishment (30 states have the death penalty)
Citizens are taxed by their state (income/sales/property tax)
Article 1 allows states to run their own elections. As of 2018 states can hold paper ballot/ electronic voting/mail ballot.
Erosion of state power
Supreme Court has put many limitations on the use of the death penalty
States aren't reliant on funding from the federal government when their own finances run low.
Numerous federal laws and constitutional amendments have extended voting rights regardless of sex or race.
Same sex marriage is legal everywhere. (Necessary and proper clause)