What is the constitution?

Codified Constitution definition

1) A constitution where rules and principles are codified into a single document contacting the nation's constitutional arrangements. 2) The US constitution is codified into one document of 7,000 words in 7 articles and 27 amendments, unlike the UK constitution, which lacks a single codified comment but derives from both written and unwritten sources

What were the four main provisions laid down in the Constitution? 4) Federal structure

1) A federal structure of government, with power divided between the federal government in Washington and the individual states

what is a Constitution and what do constitutions do?

1) Authoritative set of rules 2) Seek to establish the role, powers and functions of the institutions of government (legislative, executive and judicial), regulate relationships between them and define relationship between state and its cisterns 3) Can be written and unwritten and codified or codified

Checks and balances in the USA

1) Congress has legislative power but this power is checked by the presidential veto 2) The presidential veto is checked by the use of congressional override with a two-thirds majority in both houses of congress 3) The Supreme Court can decide that laws (and actions) and unconstitutional through its power of judicial review, which is 'discovered' in th 1803 Marbury V Madison case 4) The President is the commander-in chief of the armed focus but only Congress can declare (and fund) war 5) Presidential appointments need to be confirmed and presidential treaties need to be ratified with the 'advice and consent' of the Senate

Limited government definition

1) Linked to the framers view the 'the government is best that governs least', the term applies to limitations placed on the power of government to avoid the concentrated power and potential tyranny they feared. 2) Together with constitutional devices like the separation of powers, checks and balances, federalism and entrenched rights protecting the liberties of citizens, limited government is deeply established in US political culture.

The Separation of powers

1) Principle adopted from writings of Montesquieu in 1748 2) He stressed need to avoid tyranny by fragmenting the power of government through separation of powers 3) Each of the functions of government should be exercised by a different branch: - the legislature (Article 1, Congress) -the executive (Article 2, President) -the judiciary (Article 3, Supreme Court)

What were the four main provisions laid down in the Constitution? 1) Representative and accountable government

1) Representative and accountable government through the provision of fixed term elections held every 4 years for the president and every 2 years for the House of Representatives (Senate was not directly elected until 1913)

Why is the American constitution so important?

1) Supreme law of the USA. Constitutional law is fundamental law, providing rules that govern the government 2) The source but also limitation on the power of government 3) Provides for governments to have enough power to be strong and effective, while at the same time protects individual liberties of citizens against the abuse of that power 4) It balances the need for a strong federal government with the need to give autonomy to the states 5) It is codified in a single document and entrenched

Criticism

1) System offers an 'invitation to struggle' to the executive and legislative branches in particular, and can be a recipe for institutional gridlock 2) Particularly the case when there is divided government in Washington: e.g. elections of 2010 and 2012 with branches controlled by different parties (encouraged by the constitutional provision of staggered elections 3) Weak government, difficult making decisions- e.g. inability to reach consensus when setting federal budget in 2012-13. Resulting in temporary shutdown of the federal government in October 2013 4) Growth in partisanship and polarisation of two parties over last 20 years made it difficult to negotiate and reach consensus

What were the four main provisions laid down in the Constitution? 2) The separation of powers

1) The separation of powers, with the three branches of government (legislative, executive and judicial) separated through the first there articles of the constitution. 2)Powers of each branch were then subject to checks and balances by the other two bodies

What were the four main provisions laid down in the Constitution? 3) Limited government

1) There was to be a limited government, with citizens given inalienable and entrenched rights in the Bill of Rights (the first ten amendments) added in 1791

Give examples of incomplete separation of powers

1) Vice-president (part of executive) is also officially president of the Senate and can cast a tie-breaking vote. Dick Cheney used this power eight times between 2001 and 2009 2) The president can issue presidential pardons to convicted offenders (A judicial function)

Explain the separation of powers

1) aim to avoid tyranny and protect liberty. No concentration of power in one branch 2) Independence of the three branches of government. Separation of personal with no overlap. Reason why Barack Obama and John Kerry had to give up Senate seats when becoming president and secretary of state 3) Theory implies interdependence of branches of government through checks and balances placed on each of them, particularly legislative branches, protecting any one from becoming too powerful. 4) Richard Neustadt described the American system not as a 'separation of powers' but as 'separate institutions sharing powers', where power is difficult to exercise but where branches have to work together to get things done.