Constitution
,Spec point Key info Examples
1 US CONSTITUTION & Constitution- a collection of rules and principles that E.g. of enumerated powers- the
FEDERALISM outlines the political system of a country. (Ratified in presidential veto & pardon.
1788).
1.1 The nature of the US Article 1: The Legislative Branch E.g. of an implied power- to form
Constitution. Article 2: The Executive Branch a cabinet
• Vagueness of the Article 3: The Judicial Branch
document, codification Article 4: The States E.g. of judicial review- Brown V
and entrenchment. Article 5: Amendment process Board of Education (1954) when
• The constitutional Article 6: Supremacy of the Constitution the SC ruled that racial
framework (powers) of Article 7: Ratification segregation in public schools
the US branches of Nature- was unconstitutional.
government. ● Vague- 7000 words
• The amendment ● Codified (& sovereign) E.g. of an important
process, including ● Entrenched (only 27 amendments) amendment- In 1857, the court
advantages and ● Protects rights (enshrined) ruled that black people were not
disadvantages of the Enumerated powers- powers listed specifically in the American citizens and didn’t
formal process. constitution. have a standing to sue the Fed
Implied powers- interpreted from vague language of Court. It ruled that slaves were
the constitution. property under the 5th
- 1816 McColloch vs. Maryland- affirmed use amendment and any law
of the necessary and proper clause and depriving a slave owner of their
confirmed that federal law reigns supreme property was unconstitutional.
over state law when conflicts arise. Slavery & involuntary servitude
- the commerce clause- lots of things able to was abolished with the 13TH
be classed as ‘commerce’- upheld use for AMENDMENT IN 1865.
ending racial segregation in hotels in
Atlanta Motel vs. US but U.S vs. Lopez E.g. of the constitution being
limited this by ruling that the 1990 difficult to modernise- the Equal
Gun-Free Zones Act was unconstitutional Rights amendment only got
as it had nothing to do with commerce. support of a 38th state in 2020,
50 years after approval by
Powers of the legislative branch- set & collect taxes, Congress.
make laws ‘necessary and proper’, regulate foreign
commerce, raise an army, borrow money on behalf of E.g. of tyranny of the minority
the US, set up courts under the SC, establish rules on (amendment process)- The Equal
citizenship, declare war. Rights Amendment wasn’t
Powers of the executive branch- appoint judges & ratified by 15 states (which was
ambassadors, hold executive power, commander in only 28% of the US pop). It was
chief, address congress at the State of the Union, veto eventually ratified in 2020 after
legislation, grant pardons, make treaties. approval in the Senate in 1972!
Powers of the judicial branch- interpret the
constitution & other laws, review lower courts’ E.g. of a discard amendment-
decisions (ensure they’re ‘constitutional’), invalidate The God Amendments which
legislation or executive actions through judicial proposed an acknowledgment of
review. God in the constitution with the
rise of fundamentalism.
The amendment process-
First 10 amendments were the Bill of Rights (2nd- E.g. of Congress checking on the
right to bear arms). president- refusing to ratify the
1. ⅔ of the House & Senate propose change; ¾ pivotal Treaty of Versailles,
of state legislatures ratify change. meaning the US didn't join the
2. ⅔ of the House & Senate propose change; ¾ League of Nations despite
of states ratify at a convention. President Wilson being the chief
3. Legislatures in ⅔ of states call for a national architect of the treaty.
constitutional convention; ¾ of state
legislatures ratify change.
4. Legislatures in ⅔ of states call for a national
convention; ¾ of states ratify in a
✔️
convention.
Advantages- broad support needed (=fair
representation), thorough, prevents short trends
becoming amendments (knee-jerk), protects the
constitution (integral to democracy, prevents tyranny
, ✖️
by large states)
Disadvantages- has been knee-jerk legislation
(Prohibition Act), the const is out-of-date yet hard to
modernise, SC have too much absolute power (yet
unelected), tyranny of minority (supermajorities
make it possible for a minority of states to prevent an
amendment passing)
1.2 The key features of Federalism- splitting of power between state govts E.g. of federalism working- in
the US Constitution (as and federal govts to create a balance where individual 2021, 19 states passed laws to
✔️
listed below) and an rights, cultures & beliefs aren’t ignored. restrict voting rights (ID) while
evaluation of their Effective- quick response to disaster, local 25 states expanded voting rights
✖️
effectiveness today. autonomy, encourages political participation (online). The power to control
• Federalism. Ineffective- political polarisation, inequality how elections are run belong to
• Separation of powers between states, poor crisis response (Hurricane the states.
and checks and balances. Katrina)
• Bipartisanship. E.g. of federalism failing- SC
• Limited government. Separation of powers- Montesquieu argued for three rulings are binding on states too.
separate branches of government. The AI ‘ineligibility In 2015, Obergfell V Hodges
clause’ forbids any one person holding office in more legalised marriage nationally.
than 1 branch at a time to prevent them gaining too
✔️
much power. E.g. of sep of powers working-
Effective- reduces risk of tyranny, encouraged Vice President JD Vance had to
accountability since each branch has distinct step down as a Senator of Ohio
✖️
responsibilities to take up his executive role.
Ineffective- gridlock, lack of coordination can lead
to delayed responses to urgent issues E.g. of sep of powers working in
Congress- Marco Rubio left his
✔️
Checks & balances- role as senator in Florida in 2025
Effective- prevents abuse of power, promotes to become Secretary of State.
accountability, encourages bipartisanship and
✖️
balanced decision-making, safeguards democracy E.g. of sep of powers failing- The
Ineffective- gridlock (& shutdown), partisan Paris Climate Agreement has not
conflict (can be a tool for political warfare), loopholes been put before the senate
(e.g. exec orders), reduced during unified government despite Obama signing the USA
up, Trump pulling them out, and
Bipartisanship- when opposing political parties find Biden signing them back up.
common ground through compromise. The FFs were
sceptical of the role of parties and encouraged E.g. of checks and balances
✔️
compromise. working- Biden tried to pass his
✖️
Effective- caucuses Build Back Better Agenda. He
Ineffective- gridlock managed to pass some parts
including the Rescue Plan and
Limited government- The government’s power is parts of the Jobs plan in 2021.
limited through the separation of powers & checks
and balances as the FFs feared tyranny and wanted to E.g. of checks and balances
✔️
protect the rights of states. failing- In Biden's first 100 days,
Effective- prevents overreach, protects individual he passed 64 executive orders,
freedoms, encourages responsibility of individuals & 24 of which directly overturned
✖️
communities Trump’s.
Ineffective- inefficient, can restrict the govt’s
ability to provide support for vulnerable E.g. of bipartisanship- congress
communities, weak regulation in some sectors preventing Trump’s border wall
(complex, modern day challenges) being built.
E.g. of bipartisanship failing-
2024 Bipartisan Border Security
and Foreign Aid Bill failed largely
due to opposition from Trump
who reportedly didn't want
Biden to score a legislative
victory during the election year.
E.g. of limited govt working-
2020 Trump V Vance when the
SC struck down presidential
, immunity (the president doesn't
have immunity to subpoenas).
E.g. of limited govt failing-Biden
recognised his eviction
moratorium during C19 was
likely unconstitutional but he did
it anyway.
1.3 The main Characteristics of federalism: E.g. of a SC case limiting the
characteristics of US ● Division of power between the national govt states -McDonald V Chicago in
federalism. and state govts. 2010. McDonald argued that
• The nature of the ● Supremacy clause (Article V) asserts that Chicago’s ban on handguns
federal system of federal law is the supreme law of the land infringed his right and he lived in
government and its and so when they conflict, federal law takes a dangerous neighbourhood. The
relationship with the precedence. court ruled in favour of him.
states. ● Enumerated powers
● Reserved powers- as per the 10th E.g. of a SC ruling that applied
amendment, powers not granted to the federally- 2015 Obergfell V
federal govt by the constitution are Hodges which legalised
reserved to the states. same-sex marriage although the
● Judicial review plays a role in resolving states traditionally control
cases between the states. marriage laws.
Nature of the relationship:
● Balance of power (has shifted over time,
especially during national crises like the E.g. of the SC confirming state
Civil War when the fed govt has expanded rights- 1886 Presser V Illinois
its role) ruled that states have the right
● Dual federalism- a period of history in the to prohibit or strictly regulate
19th & 20th centuries when federal & state private military groups.
governments operated in distinctly separate
spheres. E.g. of devolution- 1996 Welfare
● Cooperative federalism- this idea rose Reform Act which allowed states
during the New Deal era (1930s) when the to take greater control over
federal govt began working more closely welfare programs.
with states to address complex national
issues like economic recovery.
● Coercive federalism- refers to a situation
where the central government in a federal
system uses its power to influence or
dictate the actions of state or regional
governments, often through conditional
grants or mandates.
● Devolution- transfer of certain powers back
to the states. Emerged in the 1980s & 90s,
particularly under Reagan & Clinton.
● Federal mandates and preemption- fed
mandates are requirements states must
comply with in order to receive federal
funding, such as regulations on education
standards. Preemption occurs when federal
law overrides state law in areas where fed
power is deemed supreme.
1.4 Interpretations and Strengths of US democracy: E.g. of the SC being politicised-
debates around the US ● Enshrined ideas of democracy & individual Trump said he wanted to
Constitution and liberty- population aware of their rights & appoint justices that didn’t
federalism. branches can be held to account. support the Roe V Wade ruling.
• The extent of ● The EC gives each state equal
democracy within the US representation in the presidential election. E.g. of a political SC
Constitution, its ● The SC can limit the actions of the other appointment- Obama nominated
strengths and branches & allow changes to the Merrick Garland 8 months
weaknesses and its constitution through judicial review. before the 2016 presidential
impact on the US ● Checks & balances limit the power of one election but the senate declared
government today. individual or group. they wouldn’t consider him due
• The debates around the ● Vagueness allows ideas to be interpreted & to the approaching election. 4
, extent to which the USA changed according to the present day years later, a vacancy arose in
remains federal today. needs. election year. Trump nominated
● The 19th amendment increased the number Amy C Barrett and, despite the
of eligible voters= representative elections. election being weeks away, the
● The amendment process means any republicans took advantage of
changes take place with consent from their senate majority and
democratically elected state governments. confirmed her quickly.
● Frequent elections means there is a regular
transfer of power and opportunities for E.g. of state power- in 2021, 19
people to cast a vote to maintain control states passed laws restricting
over their government. voting rights while 25 passed
Weaknesses of US democracy: laws expanding them.
● The number of EC votes for each state isn’t
proportional to present-day populations. E.g. of states defying federal
Smaller states (Wyoming) get a larger say in guidance- in 2021 Governor Ron
presidential elections that larger ones DeSantis of Florida banned mask
(California). mandates in schools directly
● The nominations for the SC are politicised opposing federal guidance.
and justices have an excessive amount of - many democrat-led
power despite being unelected (e.g. Dobbs) states implemented
● The vagueness of the constitution allows mask mandates,
the executive & legislature to make laws lockdowns & business
that haven’t been consented to by the closures while
public. republican-led states
● The amendment process means a small like Texas restricted
group of states can block the will of the mandates and
majority of states. reopened businesses
● The constitution is outdated and earlier.
hyper-polarisation is making it harder to
reform (ERA; guns etc.) E.g. of political polarisation in
● Facilitates abuses of the political system- the states causing gridlock- after
e.g. Citizens United case. the 2012 Sandy Hook massacre,
Federalism is still strong: gun control legislation was
● State autonomy on key issues & policy rejected and redrafted
areas, like education, policing, criminal continually despite broad public
justice, elections. There are variations in support due to the
abortion laws for example. republican-led states.
● Policy experimentation - some blue states
● Devolution trends since the 1980s (welfare enacted stricter gun
reform) laws while some red
● 10th amendment protections states loosened them
Federalism is being eroded: (e.g. permitless carry)
● Federal govt increasingly influences state
policy through grants, mandates &
regulations.
● Preemption of state laws due to the
supremacy clause.
● National crises strengthen federal govt role
● The SC increasingly decides key national
issues. E.g. gun rights, marriage, abortion.
,Spec point Key info Examples
1 US CONSTITUTION & Constitution- a collection of rules and principles that E.g. of enumerated powers- the
FEDERALISM outlines the political system of a country. (Ratified in presidential veto & pardon.
1788).
1.1 The nature of the US Article 1: The Legislative Branch E.g. of an implied power- to form
Constitution. Article 2: The Executive Branch a cabinet
• Vagueness of the Article 3: The Judicial Branch
document, codification Article 4: The States E.g. of judicial review- Brown V
and entrenchment. Article 5: Amendment process Board of Education (1954) when
• The constitutional Article 6: Supremacy of the Constitution the SC ruled that racial
framework (powers) of Article 7: Ratification segregation in public schools
the US branches of Nature- was unconstitutional.
government. ● Vague- 7000 words
• The amendment ● Codified (& sovereign) E.g. of an important
process, including ● Entrenched (only 27 amendments) amendment- In 1857, the court
advantages and ● Protects rights (enshrined) ruled that black people were not
disadvantages of the Enumerated powers- powers listed specifically in the American citizens and didn’t
formal process. constitution. have a standing to sue the Fed
Implied powers- interpreted from vague language of Court. It ruled that slaves were
the constitution. property under the 5th
- 1816 McColloch vs. Maryland- affirmed use amendment and any law
of the necessary and proper clause and depriving a slave owner of their
confirmed that federal law reigns supreme property was unconstitutional.
over state law when conflicts arise. Slavery & involuntary servitude
- the commerce clause- lots of things able to was abolished with the 13TH
be classed as ‘commerce’- upheld use for AMENDMENT IN 1865.
ending racial segregation in hotels in
Atlanta Motel vs. US but U.S vs. Lopez E.g. of the constitution being
limited this by ruling that the 1990 difficult to modernise- the Equal
Gun-Free Zones Act was unconstitutional Rights amendment only got
as it had nothing to do with commerce. support of a 38th state in 2020,
50 years after approval by
Powers of the legislative branch- set & collect taxes, Congress.
make laws ‘necessary and proper’, regulate foreign
commerce, raise an army, borrow money on behalf of E.g. of tyranny of the minority
the US, set up courts under the SC, establish rules on (amendment process)- The Equal
citizenship, declare war. Rights Amendment wasn’t
Powers of the executive branch- appoint judges & ratified by 15 states (which was
ambassadors, hold executive power, commander in only 28% of the US pop). It was
chief, address congress at the State of the Union, veto eventually ratified in 2020 after
legislation, grant pardons, make treaties. approval in the Senate in 1972!
Powers of the judicial branch- interpret the
constitution & other laws, review lower courts’ E.g. of a discard amendment-
decisions (ensure they’re ‘constitutional’), invalidate The God Amendments which
legislation or executive actions through judicial proposed an acknowledgment of
review. God in the constitution with the
rise of fundamentalism.
The amendment process-
First 10 amendments were the Bill of Rights (2nd- E.g. of Congress checking on the
right to bear arms). president- refusing to ratify the
1. ⅔ of the House & Senate propose change; ¾ pivotal Treaty of Versailles,
of state legislatures ratify change. meaning the US didn't join the
2. ⅔ of the House & Senate propose change; ¾ League of Nations despite
of states ratify at a convention. President Wilson being the chief
3. Legislatures in ⅔ of states call for a national architect of the treaty.
constitutional convention; ¾ of state
legislatures ratify change.
4. Legislatures in ⅔ of states call for a national
convention; ¾ of states ratify in a
✔️
convention.
Advantages- broad support needed (=fair
representation), thorough, prevents short trends
becoming amendments (knee-jerk), protects the
constitution (integral to democracy, prevents tyranny
, ✖️
by large states)
Disadvantages- has been knee-jerk legislation
(Prohibition Act), the const is out-of-date yet hard to
modernise, SC have too much absolute power (yet
unelected), tyranny of minority (supermajorities
make it possible for a minority of states to prevent an
amendment passing)
1.2 The key features of Federalism- splitting of power between state govts E.g. of federalism working- in
the US Constitution (as and federal govts to create a balance where individual 2021, 19 states passed laws to
✔️
listed below) and an rights, cultures & beliefs aren’t ignored. restrict voting rights (ID) while
evaluation of their Effective- quick response to disaster, local 25 states expanded voting rights
✖️
effectiveness today. autonomy, encourages political participation (online). The power to control
• Federalism. Ineffective- political polarisation, inequality how elections are run belong to
• Separation of powers between states, poor crisis response (Hurricane the states.
and checks and balances. Katrina)
• Bipartisanship. E.g. of federalism failing- SC
• Limited government. Separation of powers- Montesquieu argued for three rulings are binding on states too.
separate branches of government. The AI ‘ineligibility In 2015, Obergfell V Hodges
clause’ forbids any one person holding office in more legalised marriage nationally.
than 1 branch at a time to prevent them gaining too
✔️
much power. E.g. of sep of powers working-
Effective- reduces risk of tyranny, encouraged Vice President JD Vance had to
accountability since each branch has distinct step down as a Senator of Ohio
✖️
responsibilities to take up his executive role.
Ineffective- gridlock, lack of coordination can lead
to delayed responses to urgent issues E.g. of sep of powers working in
Congress- Marco Rubio left his
✔️
Checks & balances- role as senator in Florida in 2025
Effective- prevents abuse of power, promotes to become Secretary of State.
accountability, encourages bipartisanship and
✖️
balanced decision-making, safeguards democracy E.g. of sep of powers failing- The
Ineffective- gridlock (& shutdown), partisan Paris Climate Agreement has not
conflict (can be a tool for political warfare), loopholes been put before the senate
(e.g. exec orders), reduced during unified government despite Obama signing the USA
up, Trump pulling them out, and
Bipartisanship- when opposing political parties find Biden signing them back up.
common ground through compromise. The FFs were
sceptical of the role of parties and encouraged E.g. of checks and balances
✔️
compromise. working- Biden tried to pass his
✖️
Effective- caucuses Build Back Better Agenda. He
Ineffective- gridlock managed to pass some parts
including the Rescue Plan and
Limited government- The government’s power is parts of the Jobs plan in 2021.
limited through the separation of powers & checks
and balances as the FFs feared tyranny and wanted to E.g. of checks and balances
✔️
protect the rights of states. failing- In Biden's first 100 days,
Effective- prevents overreach, protects individual he passed 64 executive orders,
freedoms, encourages responsibility of individuals & 24 of which directly overturned
✖️
communities Trump’s.
Ineffective- inefficient, can restrict the govt’s
ability to provide support for vulnerable E.g. of bipartisanship- congress
communities, weak regulation in some sectors preventing Trump’s border wall
(complex, modern day challenges) being built.
E.g. of bipartisanship failing-
2024 Bipartisan Border Security
and Foreign Aid Bill failed largely
due to opposition from Trump
who reportedly didn't want
Biden to score a legislative
victory during the election year.
E.g. of limited govt working-
2020 Trump V Vance when the
SC struck down presidential
, immunity (the president doesn't
have immunity to subpoenas).
E.g. of limited govt failing-Biden
recognised his eviction
moratorium during C19 was
likely unconstitutional but he did
it anyway.
1.3 The main Characteristics of federalism: E.g. of a SC case limiting the
characteristics of US ● Division of power between the national govt states -McDonald V Chicago in
federalism. and state govts. 2010. McDonald argued that
• The nature of the ● Supremacy clause (Article V) asserts that Chicago’s ban on handguns
federal system of federal law is the supreme law of the land infringed his right and he lived in
government and its and so when they conflict, federal law takes a dangerous neighbourhood. The
relationship with the precedence. court ruled in favour of him.
states. ● Enumerated powers
● Reserved powers- as per the 10th E.g. of a SC ruling that applied
amendment, powers not granted to the federally- 2015 Obergfell V
federal govt by the constitution are Hodges which legalised
reserved to the states. same-sex marriage although the
● Judicial review plays a role in resolving states traditionally control
cases between the states. marriage laws.
Nature of the relationship:
● Balance of power (has shifted over time,
especially during national crises like the E.g. of the SC confirming state
Civil War when the fed govt has expanded rights- 1886 Presser V Illinois
its role) ruled that states have the right
● Dual federalism- a period of history in the to prohibit or strictly regulate
19th & 20th centuries when federal & state private military groups.
governments operated in distinctly separate
spheres. E.g. of devolution- 1996 Welfare
● Cooperative federalism- this idea rose Reform Act which allowed states
during the New Deal era (1930s) when the to take greater control over
federal govt began working more closely welfare programs.
with states to address complex national
issues like economic recovery.
● Coercive federalism- refers to a situation
where the central government in a federal
system uses its power to influence or
dictate the actions of state or regional
governments, often through conditional
grants or mandates.
● Devolution- transfer of certain powers back
to the states. Emerged in the 1980s & 90s,
particularly under Reagan & Clinton.
● Federal mandates and preemption- fed
mandates are requirements states must
comply with in order to receive federal
funding, such as regulations on education
standards. Preemption occurs when federal
law overrides state law in areas where fed
power is deemed supreme.
1.4 Interpretations and Strengths of US democracy: E.g. of the SC being politicised-
debates around the US ● Enshrined ideas of democracy & individual Trump said he wanted to
Constitution and liberty- population aware of their rights & appoint justices that didn’t
federalism. branches can be held to account. support the Roe V Wade ruling.
• The extent of ● The EC gives each state equal
democracy within the US representation in the presidential election. E.g. of a political SC
Constitution, its ● The SC can limit the actions of the other appointment- Obama nominated
strengths and branches & allow changes to the Merrick Garland 8 months
weaknesses and its constitution through judicial review. before the 2016 presidential
impact on the US ● Checks & balances limit the power of one election but the senate declared
government today. individual or group. they wouldn’t consider him due
• The debates around the ● Vagueness allows ideas to be interpreted & to the approaching election. 4
, extent to which the USA changed according to the present day years later, a vacancy arose in
remains federal today. needs. election year. Trump nominated
● The 19th amendment increased the number Amy C Barrett and, despite the
of eligible voters= representative elections. election being weeks away, the
● The amendment process means any republicans took advantage of
changes take place with consent from their senate majority and
democratically elected state governments. confirmed her quickly.
● Frequent elections means there is a regular
transfer of power and opportunities for E.g. of state power- in 2021, 19
people to cast a vote to maintain control states passed laws restricting
over their government. voting rights while 25 passed
Weaknesses of US democracy: laws expanding them.
● The number of EC votes for each state isn’t
proportional to present-day populations. E.g. of states defying federal
Smaller states (Wyoming) get a larger say in guidance- in 2021 Governor Ron
presidential elections that larger ones DeSantis of Florida banned mask
(California). mandates in schools directly
● The nominations for the SC are politicised opposing federal guidance.
and justices have an excessive amount of - many democrat-led
power despite being unelected (e.g. Dobbs) states implemented
● The vagueness of the constitution allows mask mandates,
the executive & legislature to make laws lockdowns & business
that haven’t been consented to by the closures while
public. republican-led states
● The amendment process means a small like Texas restricted
group of states can block the will of the mandates and
majority of states. reopened businesses
● The constitution is outdated and earlier.
hyper-polarisation is making it harder to
reform (ERA; guns etc.) E.g. of political polarisation in
● Facilitates abuses of the political system- the states causing gridlock- after
e.g. Citizens United case. the 2012 Sandy Hook massacre,
Federalism is still strong: gun control legislation was
● State autonomy on key issues & policy rejected and redrafted
areas, like education, policing, criminal continually despite broad public
justice, elections. There are variations in support due to the
abortion laws for example. republican-led states.
● Policy experimentation - some blue states
● Devolution trends since the 1980s (welfare enacted stricter gun
reform) laws while some red
● 10th amendment protections states loosened them
Federalism is being eroded: (e.g. permitless carry)
● Federal govt increasingly influences state
policy through grants, mandates &
regulations.
● Preemption of state laws due to the
supremacy clause.
● National crises strengthen federal govt role
● The SC increasingly decides key national
issues. E.g. gun rights, marriage, abortion.
