The US Constitution
historical setting
nature
key features
federalism
comparing the UK and US
HISTORICAL SETTING
ORIGINS OF THE CONSTITUTION
THE CONFEDERACY
- 13 ex British colonies - vision was a 'confederacy' - a 'league of friendship', loose
cooperation of states over a national govt
- agreed on in the Articles of Confederation, ratified by the states by march 1781
- wasn't much central power - one chamber, weak govt
THE PHILADELPHIA CONVENTION
- At the convention the 55 delegates (from 12 states excluding Rhode Island) decided
the Confederacy was structurally flawed and weak - it trampled on human rights
- They could not agree and so compromised with the Connecticut Compromise →
leading to two Chambers, the Constitution and federalism
THE NATURE OF THE CONSTITUTION
- codified
- Constitution created:
- the legislature (make laws)
- the executive (carry out laws)
- the judiciary (enforce + interpret laws)
ENUMERATED POWERS
- first 3 articles - constitutional powers of the federal govt
ARTICLE I: Congress as the national legislature - defining its membership, methods of
member election, powers and its specific powers: power of the purse, declare war
ARTICLE II: singular executive - the President, chosen by the Electoral College
ARTICLE III: established the supreme court - umpire of the constitution implied in the
supremacy clause (made more explicit later)
, VAGUENESS OF THE CONSTITUTION
- allowed delegates to compromise at the Philadelphia Convention
- allows the Constitution to evolve without formal amendment
- lack of clarity leads to disputes over what should be classified as constitutional
IMPLIED POWERS
- 'necessary and proper clause' / elastic clause
- allows the powers of the federal govt to be stretched beyond the enumerated powers
- one of its earliest uses - Congress created a national bank in 1819 in
McCulloch vs Maryland
- the power of judicial review is another implied power - has been solidified by Marbury
vs Madison
- CONGRESS: power to levy and collect taxes to provide for the defence of the US
- PRESIDENT: Commander-in-chief of the US Air Force (as there wasn't one when the
Constitution was created)
- JUDICIARY: To declare Acts of Congress / actions of the executive unconstitutional
RESERVED POWERS
- powers left to the state/individuals
- 10th Amendment - if powers are not delegated to the federal govt, they fall to the
states or the people
CONCURRENT POWERS
- shared by the federal govt and the states
- eg. collecting taxes, building roads, maintaining courts
- legitimate national laws supersede state ones
ENTRENCHMENT
- difficult to amend (intentional by the founding fathers)
- but they did not envisage parties let alone hyper-partisanship
- article 5 amendment process : 2 stage process
- proposal requiring ⅔ in both houses
- ratification by ¾ of state legislatures or ¾ of special state conventions
- 5000 amendments have been suggested, 40 submitted to the states, 33 to ratification
and only 0.2% passed (27)
BILL OF RIGHTS
- first ten
- 1st - freedom of religion, speech, the press and assembly
- 2nd - right to keep and bear arms
- 3rd - no quartering of troops in private homes
- good example of how hard it is to change - this is outdated/irrelevant
- 9th - protection of rights not specifically enumerated
OTHER AMENDMENTS
- 19th (1920) - women's right to vote
- 18th and then 21st amendments - prohibition and its removal
- 22nd - limited president to two terms
historical setting
nature
key features
federalism
comparing the UK and US
HISTORICAL SETTING
ORIGINS OF THE CONSTITUTION
THE CONFEDERACY
- 13 ex British colonies - vision was a 'confederacy' - a 'league of friendship', loose
cooperation of states over a national govt
- agreed on in the Articles of Confederation, ratified by the states by march 1781
- wasn't much central power - one chamber, weak govt
THE PHILADELPHIA CONVENTION
- At the convention the 55 delegates (from 12 states excluding Rhode Island) decided
the Confederacy was structurally flawed and weak - it trampled on human rights
- They could not agree and so compromised with the Connecticut Compromise →
leading to two Chambers, the Constitution and federalism
THE NATURE OF THE CONSTITUTION
- codified
- Constitution created:
- the legislature (make laws)
- the executive (carry out laws)
- the judiciary (enforce + interpret laws)
ENUMERATED POWERS
- first 3 articles - constitutional powers of the federal govt
ARTICLE I: Congress as the national legislature - defining its membership, methods of
member election, powers and its specific powers: power of the purse, declare war
ARTICLE II: singular executive - the President, chosen by the Electoral College
ARTICLE III: established the supreme court - umpire of the constitution implied in the
supremacy clause (made more explicit later)
, VAGUENESS OF THE CONSTITUTION
- allowed delegates to compromise at the Philadelphia Convention
- allows the Constitution to evolve without formal amendment
- lack of clarity leads to disputes over what should be classified as constitutional
IMPLIED POWERS
- 'necessary and proper clause' / elastic clause
- allows the powers of the federal govt to be stretched beyond the enumerated powers
- one of its earliest uses - Congress created a national bank in 1819 in
McCulloch vs Maryland
- the power of judicial review is another implied power - has been solidified by Marbury
vs Madison
- CONGRESS: power to levy and collect taxes to provide for the defence of the US
- PRESIDENT: Commander-in-chief of the US Air Force (as there wasn't one when the
Constitution was created)
- JUDICIARY: To declare Acts of Congress / actions of the executive unconstitutional
RESERVED POWERS
- powers left to the state/individuals
- 10th Amendment - if powers are not delegated to the federal govt, they fall to the
states or the people
CONCURRENT POWERS
- shared by the federal govt and the states
- eg. collecting taxes, building roads, maintaining courts
- legitimate national laws supersede state ones
ENTRENCHMENT
- difficult to amend (intentional by the founding fathers)
- but they did not envisage parties let alone hyper-partisanship
- article 5 amendment process : 2 stage process
- proposal requiring ⅔ in both houses
- ratification by ¾ of state legislatures or ¾ of special state conventions
- 5000 amendments have been suggested, 40 submitted to the states, 33 to ratification
and only 0.2% passed (27)
BILL OF RIGHTS
- first ten
- 1st - freedom of religion, speech, the press and assembly
- 2nd - right to keep and bear arms
- 3rd - no quartering of troops in private homes
- good example of how hard it is to change - this is outdated/irrelevant
- 9th - protection of rights not specifically enumerated
OTHER AMENDMENTS
- 19th (1920) - women's right to vote
- 18th and then 21st amendments - prohibition and its removal
- 22nd - limited president to two terms
