revision lesson - the constitution
TRANSCRIPT
Revision Lesson; The Constitution
6 Features of the US ConstitutionCodifiedFederalPopular sovereigntySeparation of powersLimited GovernmentJudicial Review
Constitutional Features Prove Sovereignty, Liberty and Justice
The US Constitution
OriginsCodified & UncodifiedPresidential SystemSeparation of PowersChecks and balancesBofR/AmendmentsFlexibility
Origins• The 13 Colonies (1492 onwards)• The Boston Tea Party (1773)• First Continental Congress (1773)• Battle of Lexington and Concord (April 1775)• Second Continental Congress (May 1775)• Declaration of Independence (1776)• Victory and Independence (1783)• Articles of Confederation fail (1781-1788)• New constitution written (1788)• First president elected (1789)
Why do the origins of the constitution matter?
• To understand American politics, you must understand the history, out of which, its system of government has emerged.
• The American system of government is enshrined in the constitution, that was purposefully written to ensure it worked in a certain way.
• It has not evolved or emerged from the ‘mists of time’ like the UK constitution, it has been the same for over 200 years .
What are the aims of the constitution?
“We the People of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquillity, provide for the common
defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the
United States of America.”
Codified and Uncodified
Codified• Codified constitutions are largely written, centred
around a single document incorporating key constitutional provisions that are binding on all political institutions.
• They are usually 'entrenched', enjoying the protection of a higher or supreme court, and can only be repealed or amended by special provisions, beyond the ordinary legislative process.
Codified and Uncodified
Uncodified• An informal of rules not recorded in a single
document but found in a number of sources - written and unwritten (conventions) i.e. the UK constitution.
• It has the status of ordinary law.• It is not entrenched and can be changed easily.
The courts will find it difficult to determine if something is unconstitutional.
Codified and Uncodified
The US ConstitutionAdvantages• Defines people’s liberties • Safeguard against tyrannical
government • Public can access and
understand easier. Disadvantages• Hard to agree on • Inflexible (hard to change) • Too much power to judges (new
interpretations)
The UK ConstitutionAdvantages• Flexible – easily changed (no
amendment process)• Modern – constantly evolving• Democracies can function without
codified e.g. UK, NZ, IsraelDisadvantages• Dangerous govt can exploit it • Hard for public to understand • Allows civil liberties to be
overridden
Presidential System
DefinitionA presidential system is one in which there is a strict separation of personnel between the executive and the legislature. The president is both head of state and head of government. The president has a fixed term of office. Although the president can be impeached for misconduct, there is no vote of confidence by which the president can be removed for incompetence or unpopularity.
Presidential System
5 features of a presidential system;• Executive barred from legislature• Separation of powers• Co-equal branches• Centralisation & decentralisation (devolution)• Federal system
Separation of Powers
“The Constitutional Convention of 1787 is supposed to have created a government of
‘separated powers’. It did nothing of the sort. Rather, it created a government of separated
institutions sharing powers.”- Professor Richard Neustadt, 1960
Separation of Powers
Checks on…Checks by…
The legislature The executive The judiciary
The legislature • Amend/delay/reject legislation
• Override president’s veto
• Power of the purse• Declare war• Ratify treaties (Senate)• Investigation• Impeachment, trial,
conviction and removal from office
• Impeachment, trial, conviction, removal from office
• Propose constitutional amendments
The executive • Recommend legislation
• Veto legislation
• Appointment of judges
• Pardon
The judiciary • Judicial Review • Judicial Review
Checks and balances
Amendment Process
The Bill of Rights1. Establishment Clause, Free
Exercise Clause; freedom of speech, of the press, and of assembly; right to petition
2. Militia (United States), Sovereign state, Right to keep and bear arms
3. Protection from quartering of troops
4. Protection from unreasonable search and seizure
5. Due process, double jeopardy, self-incrimination, eminent domain
6. Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
7. Civil trial by jury8. Prohibition of excessive bail
and cruel and unusual punishment
9. Protection of rights not specifically enumerated in the Constitution
10. Powers of States and people
Other Amendments• 11th Amendment: citizens cannot
sue states in federal court• 12th Amendment: members of the
electoral college cast separate votes for the president and vice president
• 13th Amendment: abolished slavery• 14th Amendment: requires that
states give all people equal protection under the law; gave citizenship to freed slaves
• 15th Amendment: voting rights cannot be denied to any citizen based on race, color, or former status as a slave
• 16th Amendment: authorizes the income tax
• 17th Amendment: establishes direct election of US senators
• 18th Amendment: prohibited the manufacturing, importing, and exporting of alcoholic beverages
• 19th Amendment: prohibits the federal government and states from forbidding any citizen the right to vote based on sex
Other Amendments• 20th Amendment: changes
the details of Congressional and presidential terms and presidential succession
• 21st Amendment: repeals the eighteenth amendment
• 22nd Amendment: limits the president to two terms
• 23rd Amendment: grants Washington, D.C. presidential electors
• 24th Amendment: prohibits the requirement of a payment (a poll tax) as a qualification for voting
• 25th Amendment: provides for replacement of the vice president
• 26th Amendment: lowered the national voting age to 18
• 27th Amendment: limits congressional pay raises
Flexibility
• With only 27 amendments passed, and only 17 of them in last 220 years, the question is raised as to why so few amendments have been passed.
• There are 4 significant reasons why.
Why has the Constitution been amended so rarely?
• Amendment process is deliberately difficult• Constitution is unspecific (e.g. provide for the
common defence and general welfare)• Judicial Review – interprets constitution and
can effectively change meaning (“interpretative amendments”)
• Prohibition is a lesson – amend with caution!!
Potential Exam Questions• How flexible is the Constitution of the USA? (15) • Explain the advantages and disadvantages of the process of
amending the Constitution. (15) • Explain the ways in which the Constitution seeks to prevent the
‘tyranny of the majority’. (15) • How effectively do the three branches of Federal government check
each other? (15) • What is the separation of powers, and does it help or hinder the US
system of government? (15) • To what extent is the constitutional system of checks and balances
an obstacle to effective government? (45) • ‘The US system of checks and balances is ineffective.’ Discuss. (45)
Questions?