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THE CONSTITUTIONAL FRAMEWORK OF US GOVERNMENT - Coggle Diagram
THE CONSTITUTIONAL FRAMEWORK OF US GOVERNMENT
PURPOSE, POWERS AND LIMITS
constitution is sovereign and difficult but not impossible to change.
it defines the powers and limits in each branch of govt. >>>
powers to congress:
power of the purse
ratification of treaties
propose bills
override presidential veto
impeach presidents
veto presidential actions
approval for supreme court nominees
represent people
limitations on congress:
states when elections must be held.
powers to the presidency:
veto congressional bills
head of state
commander in chief
foreign affairs
limits on the presidency:
2 terms only
cannot directly pass legislation
can be impeached by congress
powers to the courts:
case law can be made and can stand
judicial review
position on court is for life
interpret law and constitution
can declare laws, bills and actions unconstitutional
limits on courts:
judges must have support of president and congress
NATURE OF THE CONSTITUTION
codified
consists of a full and authoritative set of rules written down in a single text.
including the SUPREMACY CLAUSE which states the constitution is the supreme law of the land.
and the ENUMERATED POWERS which are the powers delegated to the federal govt. establishing that their power is not unlimited.
27 amendments have been added to the original 7.
provided 7 articles establishing how US govt. would work.
a blend of specificity and vagueness
IMPLIED POWERS - powers held by federal govt by inference from the enumerated powers.
many of these powers are deduced from the NECESSARY AND PROPER CLAUSE which empowers congress to make laws beyond the enumerated powers.
RESERVED POWERS - powers of the states and the people. limits the federal govt.
CONCURRENT POWERS - shared by the federal and state govts.
these are all specific in intent but vague enough to allow development alongside changing times and societies.
entrenchment
the application of extra legal safeguards to make it more difficult to amend or abolish.
found in the amendment process.
THE AMENDMENT PROCESS
proposed by: 2/3 of house + senate
ratified by: 3/4 of state legislatures
used: 26 times
or
proposed by: 2/3 of house + senate
ratified by: ratifying conventions in 3/4 of states
used: once (21st amendment)
ADVANTAGES:
change requires super majorities
issues passed shouldn't be temporary
requires federal and state approval
protects the voices of small states
changes can be suggested by either congress or states.
DISADVANTAGES:
too difficult
not always effective in its protection - e.g. prohibition
smaller states often actually have less influence
lengthy + complex process
outdated
the overall power is given to the supreme court in interpretation anyway.
PRINCIPLES OF THE CONSTITUTION
separation of powers
political power is distributed among the legislature, the executive and judiciary.
each acting both independently and interdependently.
established due to the founding fathers fear of tyranny.
EXCEPTIONS INCLUDE
VP is president of senate and has casting vote in the case of a tie
presidents power of pardon is judicial rather than executive power
congress must authorise any declaration of war even though President is technically Commander in Chief.
checks and balances
each branch has the power to partially control the power exersised by the other branches,
checks by the president on congress:
state of the union address
presidential veto
checks by the president on the courts:
nomination of judges
power of the pardon
checks by congress on the president:
amend, block or reject presidential proposals
override presidential veto - JAN 2021 CONGRESS OVERRODE TRUMPS VETO OF A DEFENCE SPENDING BILL
power of the purse
confirmation of appointments
ratification of treaties
power of investigation
impeachment - failed multiple times though - TRUMP 2019+2021
checks by congress on courts:
power of impeachment
proposition of constitutional amendments
checks by courts on congress + president:
power of judicial review
bipartisanship
close co-operation between 2 major political parties to achieve desired political goals.
compromise throughout govt.
divided govt is common and can both help and hinder scrutiny.
FEDERALISM
political power is divided between a national govt and state govts with each having their own areas of substantial jurisdiction.
limited govt
the scope of federal govt should be limited to that which is necessary for the common good of the people.
formed from POPULAR SOVEREIGNTY: the principle that ultimate political authority rests with the people.
this form of govt was intended to avoid tyranny and over-centralisation, as seen in Britain, or total decentralisation.
written into constitution via enumerated and implied powers.
Under George W. Bush
expected to continue Republican shrinking of federal govt but had largest in federal govt spending since Johnson's 'Great Society' programme.
spending included major medicare expansion, changes in federal education policy with NO CHILD LEFT BEHIND ACT 2002, but was also largely focused on foreign policy with an increase in spending on the Dept of Defence.
Under Obama
focused more on domestic policy.
federal govt assistance to states increased from 3.7% to 4.6% in his first year.
due to expansion of medicaid and reauthorisation of STATE CHILDREN'S HEALTH PROGRAMME 2009.
some saw Obama's desired healthcare reform as ending federalism.
Consequences of Federalism
differing state laws
elections differ under state laws
state-based parties
complexity of tax system
distinct regional differences
experimentation of policy in states
COMPARISON WITH THE UK
origins
British constitution has developed, and continues to, overtime.
American constitution was largely established in one sitting and changes have been rare since then.
nature
British constitution is uncodified, far less entrenched and reliant on convention in areas.
American constitution is codified, entrenched and all interpreted from the written word.
democracy + sovereignty
British constitution has sovereignty of monarch + less democracy
American constitution has sole sovereignty with more aspects of the govt being elected
provisions
both provide systems of govt, supreme court, sub national govts and 3 branches of govt
separation/fusion of powers
UK has fusion of powers with crossing branches
US has separation/sharing of powers
checks + balances
UK has scrutiny but not constitutional checks
US has constitutional checks to protect powers
federalism/devolution
UK has devolution and unitary system of govt from Westminster
US has federalism