The US Constitution

1. The US Constitution

2. Constitution Constitutions A constitution is a set of rules which lay down the powers and duties of the institutions of government and establish the rights and liberties of citizens. “a set of rules and prescriptions establishing the legal framework in which governments operate” Max Belhoff Generally – a constitution lays down what a government is allowed to do or not do! (However, the language used, also makes them open to interpretation)

3. The US Constitution Origins Codified & Uncodified Federal Presidential System Separation of Powers Checks and balances Amendments/ The Bill of Rights Flexibility

4. Origins • The 13 British colonies in America declared their independence from Britain in 1776. The Articles of Confederation, signed in 1778 during the War of Independence, established a new nation state. • The American Constitution was developed by a Constitutional Convention consisting of 55 delegates representing the former colonies at Philadelphia in the summer of 1787. • The Constitution was adopted by the Constitutional Convention on September 17th 1787.

5. Origins • The US Constitution came into effect on March 4th 1789 and has remained, in essence, intact, and relevant in the 21st century. • The federal government of the United States was based on the new constitution which created a unified government structure. • The American government was founded on the liberal principle of limited government, and on the belief that one of the most important ways in which to limit government and ensure that it remains democratic and non-tyrannical, is to separatethe powers of government into three distinct branches, legislative, executive and judicial. • In this, it reflects the influence of liberal political theorists, particularly Locke and Montesquieu.

6. Why do the origins of the constitution matter? • To understand American politics, you must understand the history, out of which, its system of government has emerged. • The American system of government is enshrined in the constitution, that was purposefully written to ensure it worked in a certain way. • It has not evolved or emerged from the ‘mists of time’ like the UK constitution, it has been the same for over 200 years .

7. What are the aims of the constitution? “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

8. Codified Constitution Codified • Codified constitutions are largely written, centred around a single document incorporating key constitutional provisions that are binding on all political institutions. • They are usually 'entrenched', enjoying the protection of a higher or supreme court, and can only be repealed or amended by special provisions, beyond the ordinary legislative process.

9. Codified Constitution • The first three articles of the constitution explain how the three branches of government work and what powers each has. • Article I – established the Congress as the legislative branch • Article II – vested Executive power in a President (chosen by an Electoral College) • Article III – established the United States Supreme Court

10. Codified Constitution • The second key point of the US Constitution is that it is a blend of specificity and vagueness. • Although the first three articles explicitly established the three branches of government and their powers and limitations, many of the other articles IMPLY powers and limitations. • This has enabled the USA to adapt as a country and often it has been through the motions of the Supreme Court that this has occured,.

11. Codified and Uncodified The US Constitution The UK Constitution Advantages • Defines people’s liberties • Safeguard against tyrannical government • Public can access and understand easier. Disadvantages • Hard to agree on • Inflexible (hard to change) • Too much power to judges (new interpretations) Advantages • Flexible – easily changed (no amendment process) • Modern – constantly evolving • Democracies can function without codified e.g. UK, NZ, Israel Disadvantages • Dangerous govt can exploit it • Hard for public to understand • Allows civil liberties to be overridden

12. Presidential System Definition A presidential system is one in which there is a strict separation of personnel between the executive and the legislature. The president is both head of state and head of government. The president has a fixed term of office. Although the president can be impeached for misconduct, there is no vote of confidence by which the president can be removed for incompetence or unpopularity.

13. Discussing the USA constitution • Codified • Federalism • Checks and Balances • Separation of Powers • Bill of rights

14. Federalism • The US constitution clearly defines the powers of the different branches of government, as well as the different levels of government. • A key principle of the constitution is that of Federalism, which is based on the concept of DUAL SOVEREIGNTY. Both the federal government and the states are sovereign. • Federalism guarantees constitutional independence for the individual states, and the areas that they are responsible for. I.e. in Scotland devolved powers are given or taken by Westminster, whereas the states in the US have powers laid out by the constitution which cannot be taken by the national/federal government.

15. In theory Westminster could abolish the Scottish Parliament, however no federal government could do a similar thing, or even interfere with state policies in dislikes or disapproves of. • Although the constitution doesn’t actually mention federalism, the articles in it outline a federal system that must be applied. The political system is designed to give states and local government as much independence as necessary.

16. Checks and Balances • Another basic principle of the US constitution is ‘checks and balances’. The Separation of powers provides this system of check and balances on each branch of government. • There are mechanisms built into the constitution to put a check on the power of the government institutions. • The powers of each of the three main branches of government are balanced against one another. • These checks and balances are deliberately designed to force each branch of government to be accountable to the others, and ultimately to US citizens.

17. The constitution therefore ensures that no one branch of the government will become so powerful that it renders the other branches ineffective. • For example, Congress can impeach (remove) the President, if Congress tires to pass a law, the President has the power to VETO it. • James Madison the 4th President of the USA stated “the system was not designed to maximise efficiency, but to maximise freedom”

19. Separation of Powers • The USA has an established system where the 3 branches of government have different constitutional powers that cannot be modified or interfered with by the other branches. • All 3 have a significant degree of independence. • While in the UK the PM must be an MP, in the USA, the President must leave whatever other office they held once elected, i.e. as stated earlier, Barack Obama had to resign as a Senator (Legislature) once elected President (Executive). • The only way that the powers of the 3 branches can be altered is through amendments to the US Constitution. • Ultimately, Federal judges have the power and authority under the constitution to declare Presidential, State, and Federal law to be unconstitutional.

20. Separation of Powers “The Constitutional Convention of 1787 is supposed to have created a government of ‘separated powers’. It did nothing of the sort. Rather, it created a government of separated institutions sharing powers.”- Professor Richard Neustadt, 1960

21. Separation of Powers

22. Bill of Rights • In 1791 the US states ratified the ‘Bill of Rights’, which are the first 10 amendments (changes) to the US constitution. These amendments were first proposed by James Madison (4th US President) who felt they provided democratic safeguards which were apparently missing from the original constitution. • The main purpose of the Bill of Rights was to define the scope of individual freedom in the US and to make the political system more democratic. • The Bill of Rights has provided protections such as ‘freedom of speech, freedom of press and freedom of religion’ (1st Amendment). The freedom to ‘bare arms, which shall not be infringed’ (2nd Amendment), protection against self-incrimination (5th Amendment, some claim to ‘plead the fifth’ when on trial). • Unlike the UK, the Bill of Rights establishes basic civil liberties that the government cannot violate.

23. The Bill of Rights • Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition • Militia (United States), Sovereign state, Right to keep and bear arms • Protection from quartering of troops • Protection from unreasonable search and seizure • Due process, double jeopardy, self-incrimination, eminent domain • Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel • Civil trial by jury • Prohibition of excessive bail and cruel and unusual punishment • Protection of rights not specifically enumerated in the Constitution • Powers of States and people

24. Other Amendments • 11th Amendment: citizens cannot sue states in federal court • 12th Amendment: members of the electoral college cast separate votes for the president and vice president • 13th Amendment: abolished slavery • 14th Amendment: requires that states give all people equal protection under the law; gave citizenship to freed slaves • 15th Amendment: voting rights cannot be denied to any citizen based on race, color, or former status as a slave • 16th Amendment: authorizes the income tax • 17th Amendment: establishes direct election of US senators • 18th Amendment: prohibited the manufacturing, importing, and exporting of alcoholic beverages • 19th Amendment: prohibits the federal government and states from forbidding any citizen the right to vote based on sex

25. Other Amendments • 20th Amendment: changes the details of Congressional and presidential terms and presidential succession • 21st Amendment: repeals the eighteenth amendment • 22nd Amendment: limits the president to two terms • 23rd Amendment: grants Washington, D.C. presidential electors • 24th Amendment: prohibits the requirement of a payment (a poll tax) as a qualification for voting • 25th Amendment: provides for replacement of the vice president • 26th Amendment: lowered the national voting age to 18 • 27th Amendment: limits congressional pay raises

26. Amendment Process

27. Flexibility • With only 27 amendments passed, and only 17 of them in last 220 years, the question is raised as to why so few amendments have been passed. • There are 4 significant reasons why.

28. Why has the Constitution been amended so rarely? • Amendment process is deliberately difficult • Constitution is unspecific (e.g. provide for the common defence and general welfare) • Judicial Review – interprets constitution and can effectively change meaning (“interpretative amendments”) • Prohibition is a lesson – amend with caution!!