Part of GOV4A Revision for AQA From the Aquinas Politics Department

1. GOV4A
The Government of the US
Scott Thomas | May 2013

2. Exam success is
not a lottery!
Know your
terms
Know the
Articles
Know the
Examples

3. Session 1
The Constitution and
Federalism

4. The Constitution & Federalism
Nature & Significance
Separation of Powers
Checks and Balances
Bill of Rights
Amendments
Federalism
Constitutional Change

5. US Government Overview
Federal Government Power
Legislature
Makes the laws
Congress
House of Representatives
Senate
Executive
Carries out the laws
President
Plus VP, EXOP, Cabinet,
Executive Dept, and
Agencies
Judiciary
Enforces and interprets
the laws
Supreme Court
Including appeal courts
and trial courts

6. A Constitution
• A system of rules which describes the
structure and powers of Government
• Outlines the relationship between the three
branches of government
• And the relationship between the government
and its citizens

7. A Constitution
• Limits upon power
– Checks and Balances
• How power is exercised
• Where power is located

8. Acts of Parliament
Works of Authority
EU Law
UK Constitution

9. Common Law
Royal Prerogative
Conventions
UK Constitution

10. Birth of the USA
1776 – Declaration of Independence

11. Declaration of Independence
Taxation without representation
Leads to the US War of Independence from
Britain in April 1775
4th July 1776 the Colonies issue the Declaration
of Independence

12. Birth of the USA
1776 – Declaration of Independence
1781 – Articles of Confederation

13. Articles of Confederation
War isn’t over yet
13 Colonies ratify the Articles
Create a confederacy
Afraid of tyrannical government
They failed to form a nation
despite gaining independence

14. Problems with the Articles
No Executive
Branch
No Judiciary
Legislature
was a talking
shop

15. Birth of the USA
1776 – Declaration of Independence
1781 – Articles of Confederation
1787 – Philadelphia Convention

16. Philadelphia Convention
55 Delegates from 12 of 13
States in May 1787
It took 4 Months
Had to create a strong
government whilst protecting
freedoms
Rhode Island
I'm
Suspicious
about this

17. WEAK GOVERNMENT MEANS

18. Philadelphia Convention
Virginia Plan
States with large
populations
New Jersey Plan
States with Small
Populations
Connecticut
Compromise
Bicameral System
One according to Population
One represented Equally

19. The Articles
I
II
III
IVV
VI
VII
Legislative Branch
Executive Branch
Judicial Branch
Federal – State &
Interstate Relationship
Amendment Process
Misc. Provisions
Ratification procedure

20. Birth of the USA
1776 – Declaration of Independence
1781 – Articles of Confederation
1787 – Philadelphia Convention
1789 – George Washington elected

21. Birth of the USA
1776 – Declaration of Independence
1781 – Articles of Confederation
1787 – Philadelphia Convention
1789 – George Washington elected
1791 – Bill of Rights

22. Bill of Rights 1791
First 10 Amendments known as
Bill of Rights
Proposed by Congress Sept
1789
Ratified by States December
1791
Designed to protect against an
all powerful federal
government
17 Further Amendments
have been passed since
1791

23. Rights Established
No.
I Freedom of Speech
II Right to Keep and Bear Arms
III No quartering of soldiers
IV No unreasonable search and
seizure
V Due Process
No.
VI Speedy and public trial
VII Trial by jury in civil cases
VIII No Cruel and Unusual Punishment
IX Other rights of the people
X Power not delegated to Fed. Govt.
are reserved to the States or people
Issues:
 Where does the Death Penalty sit with the 8th Amendment?
 Does the Elastic Clause supersede the 10th Amendment?

24. Proposed
Amendment
Vote in the House
2/3 Majority
Required
Vote in the Senate
2/3 Majority
required
Votes in State
Legislatures
Passed by ¾ of all
State Legislatures
Constitution
Amended
Amending the Constitution

25. Notable Amendments
13th Slavery Abolished (1865)
14th Equal Protection and due process clause (1868)
15th Blacks given the right to vote (1870)
16th Income Tax (1913)
22nd Two term presidential limit (1951)
25th Presidential succession procedure (1967)

26. Notable Attempts to Amend
Amendment House Senate
Flag
Desecration
(05/06)
286-130 Yes 66-34
No
(1 vote short)
Balanced
Budget (95)
300-132 Yes 65-35 No
Super Majority
to increase
taxes (2002)
227-178 No N/A N/A
During Clinton’s Presidency there were 17 votes on constitutional amendments. All
the votes happened under a Republican Congress
Amendment House Senate States
Equal Rights for
Women (1972)
Yes Yes 35/50 (3 short)

27. Separation of Powers
Political power is distributed among the three
branches of government, all acting independently
and interdependently
Powers are shared through a series of checks and
balances
Executive Branch
Judicial Branch
Legislative Branch

28. Synoptic Links
Separation of Powers
• UK has a fusion of powers
• Members may sit in more
than one branch
• Until the CRA 2005 the Lord
Chancellor sat in all three
branches
Legislative &
Executive

29. Limited Government
The size and scope of the federal government
should be limited to only what is necessary
Limited Govt.

30. Checks & Balances
Each branch exercises power and control over
the others
It supports the idea of Limited Government

31. Checks on Legislature
•Recommend legislation for passage
•Veto (Pocket and Official)
By Executive
•Judicial Review
By Judiciary

32. Checks on Judiciary
• Appointment of judges
• Pardon
By Executive
• Impeachment trials and removal from
office
• Proposition of constitutional amendments
By Legislature

33. Checks on Executive
• Amend/Delay/Reject legislation
• Veto Override
• Power of the Purse
• Declaration of War
• Ratification of Treaties
• Confirmation of Appointments
• Congressional Committee Investigations
• Impeachment
By Legislature
• Judicial Review
By Judiciary

34. Checks and Balances Examples
• Supreme Court Appointments
– Robert Bork (1987) [FAILED]
– John Roberts (2005)
– Sonia Sotomayor (2009)
• Amendments
– Education Reform Bill 2001 – Heavily Amended
• Legislative Blocking
– Clinton’s Healthcare programme 1993-94
– Increasing Minimum Wage

35. Federalism
A theory by which political power is divided
between a national and state government, each
having their own jurisdiction
It focuses around decentralisation

36. Federalism & The Constitution
Shown through implied powers also

37. Dual Federalism
1780-1920
• Associated with a collection of ‘unknown
presidents’
Large Focus on States Rights
• Federal Government limited to Money, War and
Peace
Layer Cake Federalism
• Divisions in Political Power are Clear Cut

38. Cooperative Federalism
1930s – 1960s
• Franklin Roosevelt, Harry Truman, John Kennedy, Lyndon Johnson
• Majority of the Presidents were Democrats
New Departments
• Defence (1949), Health, Education, & Welfare (1953), Transportation
(1966)
Large Increase in Categorical Grants
• Grants allocated to states by Federal Government for specific projects
Marble Cake
• Division in Political Power are less clear cut

39. New Federalism
1970s-2000
• Nixon, Ford, Reagan, Bush and Clinton
• Majority of the Presidents were Republicans
Shift back to State Power
• The Federal Government did not create the States;
the States created the Federal Government
Large Increase in Block Grants
• Grants allocated to states by Federal Government
for non specific purposes or general areas

40. An Ever Changing Concept
• Westward Expansion
– From 13 colonies to 50
• Growth in Population
– 4million in 1790 to 275million in 2000
• Industrialisation
– Need for Government Regulation
• Communication
– As the nation grew, it shrank
• Events
– The Great Depression

41. An Ever Changing Concept
• Foreign Policy
– Second World War caused the need for centralised
planning
• Supreme Court Decisions
– Decisions on the meaning of the constitution alter the
role of the Federal Government
• Constitutional Amendments
– These can alter the powers of States or Federal
Government

42. Federalism Under Bush
Government spending
increased by 33% in 01-05
– Iraq War
– Homeland Security
– Expansions of Medicare
& Education
• No Child Left behind
– Wall Street and Banking
Collapse

43. Federalism Under Obama
Expansion of Federal Government
Role
• Obama Care
• GM Bailouts
BUT:
Willing to allow states to pursue
goals – pollution permits in
California
However:
Only does this when it suits him to
do so!

44. Federalism
Pros Cons
Permits Diversity Can hide economic and social inequalities
Pluralistic Frustrates the national will, making
solutions to problems harder
Increased protection of individual rights Constant source of conflict between
states and government
States becomes ‘policy labs’ e.g. Pollution
permits in California
Overly bureaucratic, therefore creating a
costly system that is resistant to change
Well suited to geographically large nation

45. Constitution Synoptic Links
UK Constitution is uncodified
Unitary system of government
Fusion of Powers
Parliamentary
Lower levels of democratic participation
UK becoming somewhat more Federalised with
the EU

46. Exam success is
not a lottery!
Know your
terms
Know the
Articles
Know the
Examples

47. Answer the question, the whole
question and nothing but the
question