The Structure of the US Constitution

YOUR TASK:
• You should now be familiar with the
structure and layout of the US
constitution.
• Using the labels below, decide in your
groups on where they are in the
constitution.
• Complete the blank structure below to
reflect this.
• You can use a print or digital copy of the
US Constitution to help you.
 Enquiry Question:
What principles are embedded in the
constitution?
 Learning Outcomes
• To explain the key features of the US
Constitution
• To analyse the principles of:
– Separation of powers
– Checks and balances
– Federalism
 Features of the US Constitution
YOUR TASK:
• Read the hand-out “3 Branches of US Government”.
• How powerful is the government as a whole?
• How powerful do you think each branch is?
• Can you think of anyways there might be a problem with the
powers given to the branches? Why? How?
 James Madison
“If men were angels, no government would
be necessary. If angels were to govern men,
neither external nor internal controls on
government would be necessary. In framing
a government which is to be administered
by men over men, the great difficulty lies in
this: you must first enable the government
to control the governed; and in the next
place oblige it to control itself.”

- The Federalist Papers

 Features of the US Constitution
YOUR TASK:
• Imagine you are the Founding Fathers, you have met here today
to discuss what should be in the constitution.
• You need to decide which THREE features are the most important
in creating a constitution.
• You need unanimous agreement from the rest of the class on the
three features, and everyone should contribute to the discussion.
• Use the hand-out “Features of the Constitution” to help you.
 Features of the US Constitution
How could you
Codified remember these six
Federal key features?

Popular sovereignty Create a mnemonic to

Separation of powers help you.

Limited Government Example:

Constitutional Features
Judicial Review Protect Sovereignty,
Liberty and Justice
 Learning Outcomes
• To explain the key features of the US
Constitution
• To analyse the principles of:
– Separation of powers
– Checks and balances
– Federalism
 Professor Richard Neustadt

“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.”

Neustadt was political How accurate is Neustadt’s

scientist specialising in the United analysis?
States presidency. He also served as
adviser to several presidents.
 Professor Richard Neustadt
The Founding Fathers set up an
intricate system whereby each
branch of the federal
government would check and
balance the other two:

Separate Institutions
+
Shared Powers
Neustadt was political =
scientist specialising in the United
States presidency. He also served as
adviser to several presidents.
Checks & Balances
 Learning Outcomes
• To explain the key features of the US
Constitution
• To analyse the principles of:
– Separation of powers
– Checks and balances
– Federalism
 What checks and balances are there?
Checks on… The legislature The executive The judiciary
Checks by…

The legislature • Amend/delay/reject • Impeachment,

legislation trial, conviction,
• Override president’s removal from
veto office
• Power of the purse • Propose
• Declare war constitutional
• Ratify treaties (Senate) amendments
• Investigation • Issue new
• Impeachment, trial, legislation to
conviction and removal overturn rulings
from office

The executive • Recommend • Appointment of

legislation judges
• Veto legislation • Pardon

The judiciary • Judicial Review • Judicial Review

 How do these checks and
balances work in practice?
Over-ride of presidential
veto
• Obama vetoed Justice
Against Sponsors of
Terrorism Act (JASTA)
• Overridden by Senate
(97-1) and House (348-
77)
Watch the video clip
that explains the JASTA
override!
 How do these checks and
balances work in practice?
Impeachment
• Congress impeached President
Clinton in 1998 on the grounds
of perjury and obstruction of
justice linked to the Lewinsky
scandal
• Senate held a 21 day trial with
the vote of 55 Not Guilty/45
Guilty on the perjury charge and
50 Not Guilty/50 Guilty on the
obstruction of justice charge
• Both votes fell short of the
Constitutional two-thirds Watch the video clip that
majority requirement to convict explains impeachment!
and remove an officeholder
 How do these checks and
balances work in practice?
Propose constitutional
amendments
• Sen Barbara Boxer of
California introduced a
proposal to abolish the
Electoral College
• Donald Trump is 5th president
to lose the popular vote, but
still win the election.
(Last successful amendment Watch the video clip that
27th amendment 1992) explains why the EC
should be abolished!
 How do these checks and
balances work in practice?
Issue new legislation to overturn
rulings
• Lilly Ledbetter Fair Pay Act
(2009)
• This effectively overturns the
Supreme Court’s infamous 2007
ruling against Ms. Ledbetter in
Ledbetter v. Goodyear Tire &
Rubber Co., a ruling that made it
much harder for workers who
have been victims of unlawful
pay discrimination to obtain
compensation for that Watch the video clip that
discrimination. explains Lilly’s Story!
 How do these checks and
balances work in practice?
Recommend legislation
• Trump recommended and
signed the Department of
Veterans Affairs
Accountability and
Whistleblower Protection
Act of 2017
• This makes it easier for
the Department of
Veterans Affairs to fire
employees for
misconduct while better
protecting staffers who Watch the video clip of Trump’s
bring wrongdoing to light announcement!
 How do these checks and
balances work in practice?
Veto legislation
• Obama’s last
successful veto
(22.07.16)
• Presidential
Allowance
Modernization Act
which would have
cut the pensions and
Watch the video clip that considers
allowances paid to why Obama vetoed!
former presidents
 How do these checks and
balances work in practice?
Appoint judges
• President Trump
nominated a
Supreme Court
Justice to replace
Justice Scalia.
• Supreme Court
Justices need to be
confirmed by the
Senate which
Gorsuch was 54- Watch the announcement of the
nomination!
45.
 How do these checks and
balances work in practice?
Presidential pardon
• Obama granted clemency
-"pardon, commutation
of sentence, remission of
fine or restitution, and
reprieve“ - to 1,927
individuals convicted
of federal crimes.
• One of the most
controversial was Chelsea Watch the video clip that
Manning. explains Manning’s story.
 How do these checks and
balances work in practice?
Judicial review (Legislature)
• In United States v. Windsor, the
Supreme Court ruled that the
1996 Defense of Marriage Act
(DOMA) was unconstitutional.
• In a 5 to 4 vote, the court ruled
that DOMA violated the rights of
gays and lesbians.
• The court also ruled that the law
interferes with the states' rights
to define marriage.
• It was the first case ever on the
issue of gay marriage for the Watch the video clip that
Supreme Court. explains the case!
 How do these checks and
balances work in practice?
Judicial review (Executive)
• Supreme Court
unanimously struck down
as unconstitutional the
Obama administration’s
“recess” appointments to
the National Labor
Relations Board, which
were conducted while the
Senate was formally in Watch the breaking news
session of the judgement on the
case!
 Learning Outcomes
• To explain the key features of the US
Constitution
• To analyse the principles of:
– Separation of powers
– Checks and balances
– Federalism
 How would you explain federalism?
• A system that divides power between a central
government and regional or sub-divisional
governments
• Both types of government are supreme within
their proper sphere of authority
• Both have to consent (agree) to any changes to
the constitution
• Compromise between the extreme concentration
of power and a loose confederation of
independent states
 Learning Outcomes
• To explain the key features of the US
Constitution
• To analyse the principles of:
– Separation of powers
– Checks and balances
– Federalism
 Explain the key principles of the US
Constitution.
The US constitution sets up a system of limited government which, by a
variety of methods, attempts to ensure that power is dispersed and the
rights of the individual protected. Its key principles include;
• the separation of powers – the legislative, judicial and executive
functions are administered by separate institutions and no individual
may be a member of more than one
• checks and balances – each branch of government has extensive checks
over the others, e.g. the president’s power of veto over congressional
legislation
• federalism – the powers of the federal government are closely detailed
(the ’enumerated powers’) and the 10th amendment guarantees that
all other power is ‘reserved’ to the states and the people
• protecting the rights of the individual – through the first ten
amendments, the Bill of Rights
 Homework
Application Task:
Explain the key principles of the US Constitution.
Flipped Learning Preparation Task:
Reading and Note Taking:
Characteristics of federalism
(Edexcel Politics for AS & A Level, Pearson p330-332)
Stretch & Challenge Task
History Learning Site - Federalism