The Structure of the US Constitution YOUR TASK: You should now be familiar with the structure and layout of the US constitution. Using the labels below, decide in your groups on where they are in the constitution. Complete the blank structure below to reflect this. You can use a print or digital copy of the US Constitution to help you.

Enquiry Question: What principles are embedded in the constitution?

Learning Outcomes To explain the key features of the US Constitution To analyse the principles of: Separation of powers Checks and balances Federalism

Features of the US Constitution YOUR TASK: Read the hand-out “3 Branches of US Government”. How powerful is the government as a whole? How powerful do you think each branch is? Can you think of anyways there might be a problem with the powers given to the branches? Why? How?

- The Federalist Papers James Madison “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” - The Federalist Papers

Features of the US Constitution YOUR TASK: Imagine you are the Founding Fathers, you have met here today to discuss what should be in the constitution. You need to decide which THREE features are the most important in creating a constitution. You need unanimous agreement from the rest of the class on the three features, and everyone should contribute to the discussion. Use the hand-out “Features of the Constitution” to help you.

Features of the US Constitution How could you remember these six key features? Create a mnemonic to help you. Codified Federal Popular sovereignty Separation of powers Limited Government Judicial Review Example: Constitutional Features Protect Sovereignty, Liberty and Justice

Learning Outcomes To explain the key features of the US Constitution To analyse the principles of: Separation of powers Checks and balances Federalism

Professor Richard Neustadt “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.” How accurate is Neustadt’s analysis? Neustadt was political scientist specialising in the United States presidency. He also served as adviser to several presidents.

Professor Richard Neustadt The Founding Fathers set up an intricate system whereby each branch of the federal government would check and balance the other two: Separate Institutions + Shared Powers = Checks & Balances Neustadt was political scientist specialising in the United States presidency. He also served as adviser to several presidents.

Learning Outcomes To explain the key features of the US Constitution To analyse the principles of: Separation of powers Checks and balances Federalism

What checks and balances are there? Checks on… Checks by… The legislature The executive The judiciary Amend/delay/reject legislation Override president’s veto Power of the purse Declare war Ratify treaties (Senate) Investigation Impeachment, trial, conviction and removal from office Impeachment, trial, conviction, removal from office Propose constitutional amendments Issue new legislation to overturn rulings Recommend legislation Veto legislation Appointment of judges Pardon Judicial Review

How do these checks and balances work in practice? Over-ride of presidential veto Obama vetoed Justice Against Sponsors of Terrorism Act (JASTA) Overridden by Senate (97-1) and House (348-77) Watch the video clip that explains the JASTA override!

How do these checks and balances work in practice? Impeachment Congress impeached President Clinton in 1998 on the grounds of perjury and obstruction of justice linked to the Lewinsky scandal Senate held a 21 day trial with the vote of 55 Not Guilty/45 Guilty on the perjury charge and 50 Not Guilty/50 Guilty on the obstruction of justice charge Both votes fell short of the Constitutional two-thirds majority requirement to convict and remove an officeholder Watch the video clip that explains impeachment!

How do these checks and balances work in practice? Propose constitutional amendments Sen Barbara Boxer of California introduced a proposal to abolish the Electoral College Donald Trump is 5th president to lose the popular vote, but still win the election. (Last successful amendment 27th amendment 1992) Watch the video clip that explains why the EC should be abolished!

How do these checks and balances work in practice? Issue new legislation to overturn rulings Lilly Ledbetter Fair Pay Act (2009) This effectively overturns the Supreme Court’s infamous 2007 ruling against Ms. Ledbetter in Ledbetter v. Goodyear Tire & Rubber Co., a ruling that made it much harder for workers who have been victims of unlawful pay discrimination to obtain compensation for that discrimination. Watch the video clip that explains Lilly’s Story!

How do these checks and balances work in practice? Recommend legislation Trump recommended and signed the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 This makes it easier for the Department of Veterans Affairs to fire employees for misconduct while better protecting staffers who bring wrongdoing to light Watch the video clip of Trump’s announcement!

How do these checks and balances work in practice? Veto legislation Obama’s last successful veto (22.07.16) Presidential Allowance Modernization Act which would have cut the pensions and allowances paid to former presidents Watch the video clip that considers why Obama vetoed!

How do these checks and balances work in practice? Appoint judges President Trump nominated a Supreme Court Justice to replace Justice Scalia. Supreme Court Justices need to be confirmed by the Senate which Gorsuch was 54-45. Watch the announcement of the nomination!

How do these checks and balances work in practice? Presidential pardon Obama granted clemency -"pardon, commutation of sentence, remission of fine or restitution, and reprieve“ - to 1,927 individuals convicted of federal crimes. One of the most controversial was Chelsea Manning. Watch the video clip that explains Manning’s story.

How do these checks and balances work in practice? Judicial review (Legislature) In United States v. Windsor, the Supreme Court ruled that the 1996 Defense of Marriage Act (DOMA) was unconstitutional. In a 5 to 4 vote, the court ruled that DOMA violated the rights of gays and lesbians. The court also ruled that the law interferes with the states' rights to define marriage. It was the first case ever on the issue of gay marriage for the Supreme Court. Watch the video clip that explains the case!

How do these checks and balances work in practice? Judicial review (Executive) Supreme Court unanimously struck down as unconstitutional the Obama administration’s “recess” appointments to the National Labor Relations Board, which were conducted while the Senate was formally in session Watch the breaking news of the judgement on the case!

Learning Outcomes To explain the key features of the US Constitution To analyse the principles of: Separation of powers Checks and balances Federalism

How would you explain federalism? A system that divides power between a central government and regional or sub-divisional governments Both types of government are supreme within their proper sphere of authority Both have to consent (agree) to any changes to the constitution Compromise between the extreme concentration of power and a loose confederation of independent states

Learning Outcomes To explain the key features of the US Constitution To analyse the principles of: Separation of powers Checks and balances Federalism

Explain the key principles of the US Constitution. The US constitution sets up a system of limited government which, by a variety of methods, attempts to ensure that power is dispersed and the rights of the individual protected. Its key principles include; the separation of powers – the legislative, judicial and executive functions are administered by separate institutions and no individual may be a member of more than one checks and balances – each branch of government has extensive checks over the others, e.g. the president’s power of veto over congressional legislation federalism – the powers of the federal government are closely detailed (the ’enumerated powers’) and the 10th amendment guarantees that all other power is ‘reserved’ to the states and the people protecting the rights of the individual – through the first ten amendments, the Bill of Rights

Homework Application Task: Explain the key principles of the US Constitution. Flipped Learning Preparation Task: Reading and Note Taking: Characteristics of federalism (Edexcel Politics for AS & A Level, Pearson p330-332) Stretch & Challenge Task History Learning Site - Federalism