A2 Government & Politics Unit:4a, Topic:1 (US Constitution)

• Constitution was written for 13 states and 3 million people 
• Now being used for 50 states and over 310 million people 
• Seven articles of over 7,000 words 
• Oldest written constitution 
• Authoritative set of rules 
• Seeks to establish the role, powers and functions of the institutions of gov't 

Why is it so important? 

• Supreme law of the USA - Fundamental law 
• Source of, but also a limitation, on gov't
• Provides gov't to have enough power to be strong and effective, while protecting individual liberties against abuse of power 
• Balances the need for strong fed gov't with the need to give autonomy to the states in a federal system 
• Codified - single document and entrenched 

• Representative and accountable gov't - fixed-term elections held every 4 years - for the pres and every 2 years for the House, (Senate not directly elected until 1913) 

• Separation of powers - separated through the first three articles 

• Federal structure - power divided 

• Limited gov't - inalienable and entrenched rights in the Bill of Rights 1791 

• Adopted from the writings of Montesquieu 
• In order to avoid tyranny and to protect liberty 
• Implies the independence of branches of gov't 
• No overlap e.g. Obama had to give up senate seat to become president 
• Also implies independence - checks and balances 
• 'Ambition will be used to counteract ambition' - Madison 
• 'Separate institutions sharing powers" - Neustadt 

• Congress has leg power but this is checks by the pres veto 
• Pre veto is checked by use of a congressional override with 2/3 maj. in Congress 
• Supreme Court can decide that laws (and actions) are unconstitutional in its power of judicial review found in Marbury v Madison 1803 
• Pres is the commander-in-chief of the armed forces but only Congress can declare and fund war - last time 1941 
• Pres appointments need to be confirmed and pres treaties ratified with the 'advice and consent' powers of the Senate 

• System offers an "invitation to struggle" 
• Recipe for institutional gridlock 
• Dysfunctional power struggles between the branches 
• Particularly the case with divided gov't 
• Different party control promoted by staggered elections 
• Avoidance of concentrated power - led to weak gov't? 
• Difficulty to reach consensus on controversial cases led to problems - e.g. denial of civil rights movements in the 1950s 
• For this system to work - gov't MUST work cooperatively, with negotiation, bergaining and compromise to achieve goals and solutions 

How can it be amended? 

• 2/3 maj in both houses then 3/4 of all states - Article V 

Amendments: 

• Am. IX - reserved rights 
• 27 amends. in Bill of Rights 1791 
• Am. X - state's rights 
• Amend XIII - 1919 ban on alcohol - repealed by am. XXII 

Constitution hailed genius by Ruth Bader-Ginsburg

• "We live udner a Constitution, but the Constitution is what the judges say it is" - SC power
• Vague - open to interpretation 
• e.g. VIII amend. "cruel and unusual" punishment - the death sentence? 
• Judicial interpretation! 
• More flexible and less rigid than originally thought 

• Sovereignty - free from interference 

• Provides a check on power 

• Individual liberties are entrenched 

• Flexibility to be amended 

• Provisions are safeguarded by the independent SC 

• No pressure for change from the American people 

• More rigid than UK 

• Difficult to amend despite changing situations e.g. II amend. bear arms - protected by the right-wing 

• Growth of constitutional rights and states' rights can be seen as not fully protected due to power of the exec increasing 

• Can cause dysfunctional gridlock 

Yet remains the "political bible" of the USA 

• Sometimes called dual sovereignty 
• Each state has its own gov't, a State Constitution, a State Governor, a bicameral State House and Senate legislature, a Sate Supreme Court (judiciary) 
• Federalism escapes "the danger of too much power in too few hands" - Madison 
• Federalism maintains national unity - while preserving state diversity 
• YET Americans are subject to two sets of laws - can be confusing 
• No mention of the word federalism in the constitution 

• Co-operative federalism (Marble Cake) - Different levels of gov't interact co-operatively and soley to solve common problems rather than make policies separately 20s-60s

• Centralised federalism (pineapple upside-down cake) - Federal gov't at the centre Imperial presidency, 60s - 80s 

• Competitive federalism (crumble cake) - 80s-present. Competition between levels of gov't 

• Additional checks and balances

• Allows for diversity and traditions from 50 states to be reflected 

• Opportunities for citizens to be politically involved 

• States can be training grounds for national leadership 

• Can be used for experiments - e.g. caps on carbon emissions in NY and California

• Can cause gridlock 
• Variety of state laws on e.g. abortion, gun ownership and the death penalty can cause confusion and a lack of cohesion in the country 
• Significant economic inequalities between states 
• Too many elections? too democratic? 

Bill of Rights (1791) - (Important examples of rights)

• 1st - rights to freedom of religion, the press, speech and assembly 
• 2nd - bear arms 
• 8th - cruel and unusual punishment 
• 10th - reserved states' rights 

Other: 

• Clear strong 'rights culture' in America - people know their rights 
• Patriot Act - anti-terrorism measures after 9/11 
• Existence of Guantanamo Bay - prisoners were detained without habeas corpus rights as a result of the 9/11 aftermath war on terror