PLS: DSC 251 - World Constitutions
Unit 2: The United States of America
Table of Contents
1. Basic Features of the US Constitution
The US Constitution is the supreme law of the United States of America. It serves as the foundation for its political and legal systems.
Written and Rigid Constitution
The US Constitution is a written document. It is also rigid, meaning the process to amend it is intentionally difficult to ensure stability and protect the rights of states.
Federalism
The US operates under a federal system, where power is divided between the national (central) government and individual state governments.
Separation of Powers
This principle ensures that the legislative, executive, and judicial functions are held by different branches to prevent the concentration of power.
[Image of the three branches of the US government: Legislative, Executive, and Judicial]Checks and Balances
Each branch has the power to limit the actions of the others. For example, the President can veto legislation passed by Congress, while Congress can override a veto.
Bill of Rights
The first ten amendments, known as the Bill of Rights, guarantee fundamental individual liberties such as freedom of speech and religion.
2. The US President: Powers and Functions
The President is the head of the executive branch and serves as both head of state and head of government.
Election and Term
The President is elected for a four-year term through an Electoral College system. A person is limited to serving two terms.
Executive Powers
- Commander-in-Chief: Holds supreme command over the US military.
- Chief Executive: Responsible for enforcing federal laws and managing the federal bureaucracy.
- Power of Appointment: Appoints Cabinet members, ambassadors, and federal judges, subject to Senate approval.
Legislative and Diplomatic Roles
- Veto Power: Can reject bills passed by Congress.
- Treaty Making: Negotiates international treaties, which require ratification by the Senate.
- State of the Union: Delivers periodic messages to Congress regarding the national agenda.
The President "shall take Care that the Laws be faithfully executed."
3. The US Congress: Structure and Powers
The US Congress is the bicameral legislature responsible for making federal laws.
Composition
| House of Representatives | The Senate |
|---|---|
| 435 members elected based on population. | 100 members (2 from each of the 50 states). |
| Members serve 2-year terms. | Members serve 6-year terms. |
| Led by the Speaker of the House. | Led by the Vice President or President Pro Tempore. |
Major Powers
- Lawmaking: Passing bills that must be approved by both houses.
- Financial Control: The House initiates all revenue (tax) bills.
- Impeachment: The House charges a President or official; the Senate conducts the trial for removal.
- Declaration of War: Only Congress has the formal power to declare war.
4. The US Supreme Court: Composition and Powers
The Supreme Court is the highest judicial body in the United States.
Composition
It typically consists of a Chief Justice and eight Associate Justices. Justices are appointed for life to ensure judicial independence.
Judicial Review
The most significant power is Judicial Review, the authority to declare acts of the legislature or executive unconstitutional.
Jurisdiction
- Original Jurisdiction: Hearing cases for the first time, such as disputes between states.
- Appellate Jurisdiction: Reviewing decisions from lower federal courts or state supreme courts.
5. Exam Focus: Tips and FAQs
Exam Tips
- Compare and Contrast: Be prepared to compare the US Presidential system with the UK Parliamentary system.
- Federalism Focus: Understand how power is divided; this is a core theme of US politics.
- Marbury v. Madison: Mention this case when discussing Judicial Review for extra credit.
Common Mistakes
- Do not say the US President is a member of Congress. They are in separate branches.
- Avoid confusing the "Senate" with the "House." Remember their different term lengths and roles.
- Do not forget that the US has a written constitution, unlike the UK.
Frequently Asked Questions
Q: How long is a US Supreme Court Justice's term?
A: They serve for life ("during good behavior").
Q: Who is the "Commander-in-Chief"?
A: The President of the United States.
Mnemonics
L-E-J: Order of the first three Articles of the Constitution - Legislative, Executive, Judicial.