# data[].attributes.body
Theory of government whereby political power is distributed among the Legislative Branch, Executive Branch and the Judicial Branch, each acting both independently and interdependently.

# data[].attributes.body
The Founding Fathers wanted three independent, co-equal branches in the U.S. government to ensure a system of checks and balances, preventing any single branch from gaining too much power.

# data[].attributes.body
Article I - No person can be in more than one branch of federal government

# data[].attributes.body
In 2020, Senator Kamala Harris was elected Vice-President and had to resign from the Senate

# data[].attributes.body
For the Patient Protection + Affordable Care Act 2010 (Obamacare) to become and remain law all three branches of government had to agree - For each has a shared power

# data[].attributes.body
Congress can amend, block or even reject items of legislation recommended by the President

↳ In 2017, President Trump argued that he would 'repeal and replace' Obamacare but he was blocked by Congress.

Congress can override the Presidents veto with a two-thirds majority in both Houses of Congress

Congress has the power of the purse and can reject a budget submitted by the president

Congress can impeach - against a President or other member of the Executive branch.

# data[].attributes.body
The Senate has the power to ratify treaties - clear check on the President's power to negotiate treaties with foreign powers

The Senate can approve the appointment of judges and cabinet members, serving as a check on the president who nominates them for trial courts, appeal courts, and the Supreme Court.

# data[].attributes.body
Can declare the Executive's action unconstitutional

# data[].attributes.body
Veto Legislation - They will veto bills they do not personally like (can be overruled by Congress with two thirds majority in both Houses)

President can use executive agreement rather than treaties to negotiate with a foreign power and avoid the need for Senate ratification.

# data[].attributes.body
Declare Acts of Congress to be unconstitutional using Judicial Review

↳Judicial Review is the power of courts to evaluate the constitutionality of legislative and executive actions.

# data[].attributes.body
Can propose constitutional amendments to in affect overturn a decision of the Supreme Court

Congress possesses the power of impeachment trails and removal from office of members of the Judiciary, found guilty of misconduct

# data[].attributes.body
Presidential pardon can overturn judgment of the Judiciary

# data[].attributes.body
What is Bipartisanship?

Close cooperation between the two major parties to achieve desired political goals.

↳ May be crucial for political success

Framers of the Constitution hoped to encourage a spirit of Bipartisanship and compromise between the President and Congress

Law would be passed, treaties ratified, appointments confirmed, and budget fixed only when both parties worked together

For example, Republican President George W. Bush managed to achieve his education reforms in 2001/2002 because he worked with leading congressional Democrats such as Senator Edward Kennedy.

↳ However, this cooperation does not always happen and instead gridlock can be the result.

This can create a divided government - when the presidency is controlled by one party and one or both Houses of Congress are controlled by the other party.

The 52 years between 1969 and 2021 have seen 36 years of divided government and for 24 of those years the President's party controlled neither house.

# data[].attributes.body
Government only doing what was essential, leaving the citizens fundamental rights and freedoms as untouched as possible in an organised and orderly society.

# data[].attributes.body
The UK has devolution, the US has federalism. The UK has power to disband power, the US doesn't.

# data[].attributes.body
Government power is divided between national (federal) and state governments.

Both national and state governments have substantive control over defined areas of government

Some areas have unclear and disputed boundaries over which authority has jurisdiction.

Framers of the Constitution sought a 'middle ground' to ensure Federalism respected the desire for limited government

James Maddison (a founding father) saw federalism as a "middle ground" between strong central government and "states rights" - argument which goes through American history

No where in the constitution is the word "federal" or "federalism", written in the constitution

Its written in the enumerated powers of all three branches of federal government

↳ For example, Congress was to "coin money", the President was to be "commander-in-chief"

"Elastic Cause" of the constitution grants implied powers

↳ For example, the Supreme Court was to be the umpire of all disagreement between the federal and state governments.

# data[].attributes.body
Concurrent Powers - Shared Powers

Enumerated Powers - Stated in the Constitution

Implied Powers - Powers not explicitly stated in the Constitution but are deemed necessary and proper for carrying out the government's enumerated powers. (Grey Areas)

# data[].attributes.body
Layer Cake Federalism - Clear delineation of authority and programmes among the level of government

# data[].attributes.headline
Cooperative Federalism (early 1930s - 1960s)

# data[].attributes.subject
Cooperative Federalism (early 1930s - 1960s)

# data[].attributes.body
Marble Cake Federalism - Pragmatic mixing of authority and programmes among the national, state and local governments.

# data[].attributes.body
Was where the powers of the Federal government would be rolled back and returned to the state. However, New Federalism still resembles Cooperative Federalism more than Dual Federalism, with the government’s blurred lines still a key part of the Constitution.

# data[].attributes.body
First 10 amendments of the Constitution

↳ The ten amendments were ratified in 1791

They are enumerated fundamental rights and freedoms

# data[].attributes.body
Freedom of Religion, Speech and Press, the right to peaceful assembly (1st amendment)

The right to keep and bear arms (2nd amendment)

4th freedom from unreasonable searches

10th Rights reserved to the states and the people

# data[].attributes.body
These are the rights guaranteed by the Federal Constitution

When it comes to constitutional rights, all three branches of the government are involved in their protection

# data[].attributes.body
First Amendment:
↳ This amendment guarantees freedoms of religion, speech, press, assembly, association, and the right to petition the government.

Second Amendment:
↳ This amendment states that in order to have a prepared military, people are guaranteed the right to keep and bear arms.

Third Amendment:
↳ This amendment states that the government cannot force people to house and feed soldiers in their homes during times of peace.

Fourth Amendment
↳ This amendment protects against unreasonable searches and seizures, requiring warrants to have probable cause and specific details.

Fifth Amendment:
↳ The amendment guarantees the right to a grand jury for serious crimes, protects against self-incrimination, prohibits double jeopardy, ensures due process, and requires fair compensation for property taken for public use.

Sixth Amendment:
↳ This amendment guarantees a speedy, public trial by an impartial jury, the right to be informed of charges, the right to a lawyer, and the right to confront accusers.

Seventh Amendment:
↳ This amendment guarantees a trial by jury in civil cases. (Disputes between private parties or between the government and a private party.)

Eighth Amendment:
↳ This amendment guarantees that excessive bail or excessive fines will not be imposed and that punishment will not be cruel and unusual.

Ninth Amendment:
↳ This amendment states that the people have other rights that are not stated here.

Tenth Amendment:
↳ This amendment states that the people have all the rights not given to the United States government or forbidden to state governments by the U.S. Constitution.

# data[].attributes.body
Founding fathers intentionally made the constitution difficult amend

↳ Entrenched and Codified

Created a two-stage process which requires supermajorities of more than 50%, such as a two-third or three-quarters majority

Process is laid out in Article V

Either states or congress can propose, but only states can ratify.

# data[].attributes.body
1. Stage 1 is the proposal

2. Stage 2 is the ratification (signing and agreement of the amendment)

_______________

Constitutional amendment can be proposed either by Congress or by a national constitutional convention called by Congress at the request of two-thirds of the states legislatures.

All constitutional amendment so far have been proposed by Congress

No national convention has ever been called, although in 1992, 32 states legislatures had petitioned Congress for a convention to propose a balanced budget amendment - just two stages short of the required two-thirds.

# data[].attributes.body
Once an amendment has been successful proposed, its sent to the state for ratification

Amendments can be ratified either by three-quarters of the state legislatures or by state constitutional conventions in three-quarters of the state

Need for two-thirds majorities in both houses of Congress to propose a constitutional amendment

↳ Plus the need for ratification by 3/4's of the state makes it complex and unlikely process

No significant amendment have been successfully proposed and ratified since 1992.

# data[].attributes.body
All successful amendments to the U.S. Constitution started with a congressional vote and, except for the 21st Amendment, were ratified by three-quarters of state legislatures.

This ensures both federal and state agreement, protecting federalism by preventing the federal government from limiting state power without state consent.

Members of Congress have introduced over 11,000 amendment proposals since the condition was first establishment. Congress has accepted only 33 of those proposals within 27 making it past the states for constitutional inclusion.

# data[].attributes.body
Proposals passed by Congress but failed to receive significant state

↳ The Equal Rights amendment 1982 - Would have provided equality of rights by the federal or state governments on account of sex.

# data[].attributes.body
Proposals that did not receive a two-thirds majority in each chamber of Congress

↳ The Flag Protection Amendment would let Congress make flag desecration illegal. The Supreme Court overturned the Flag Protection Act in 1990, citing First Amendment rights. The proposed amendment aimed to reverse this decision, passing the House six times by 2006 but always failing in the Senate.

↳ The Federal Marriage Amendment - Introduced into Congress several times between 2002 and 2013. Seeks to define marriage as exclusively between a man and a woman. It however failed to receive the required votes in both the House and Senate in 2006.

# data[].attributes.body
Proposal introduced in Congress but not voted on by both chambers of Congress:

↳ Right to Vote Amendment - Would end felony voting restrictions and help protect voting rights after Shelby County v. Holder Supreme Court ruling in 2013 overturned sections of the voting rights act 1965.

# data[].attributes.headline
Why has the Constitution amended so rarely?

# data[].attributes.subject
Why has the Constitution amended so rarely?

# data[].attributes.body
Founding Fathers created a deliberately difficult process and did not want it changed on the whim of a fashion and circumstance:

They need both Congress and the states to agree, and the need for the supermajorities, make the amendment process difficult

Hundreds of amendments have been initiated but very few have made it successfully through the process.

# data[].attributes.body
Structural changes to Congress and party polarisation have made passing amendments considerably harder in the modern era

Vagueness of the Constitution has allowed it to evolve without formal amendment

# data[].attributes.body
Americans are cautious about tampering with the Constitution:

Supreme Court's power of judicial review

Powers allows the court to interpret the Constitution and in effect, change the meaning of the words written over two centuries ago

↳ For example, the eight amendment which forbids "cruel and unusual punishment" can be interpreted differently