revision lesson; the constitution

Revision Lesson; The Constitution

Copyright © 2016 Active Educatonpeped.org/politicalinvestigations

6 Features of the US ConstitutionCodifiedFederalPopular sovereigntySeparation of powersLimited GovernmentJudicial Review

Constitutional Features Prove Sovereignty, Liberty and Justice


The US ConstitutionOriginsCodified & 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.” Copyright © 2016 Active Educaton

peped.org/politicalinvestigations

Codified and UncodifiedCodified• 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• They are usually 'entrenched', enjoying the protection of a higher or supreme court, and can only be repealed or amended by special provisions, beyond the ordinary legislative process.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 UncodifiedUncodified• 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 UncodifiedThe 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, Israel

Disadvantages• Dangerous govt can exploit it • Hard for public to understand • Allows civil liberties to be

overridden


Presidential SystemDefinitionA 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. Copyright © 2016 Active Educaton

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Presidential System5 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?


revision lesson; the constitution

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