9 Markers on the US Constitution

Explain and analyse three ways in which Congress can check the President.

Congress can override the President’s veto. During President George W. Bush’s two terms, Congress
overrode four of his 11 regular vetoes, including his vetoes of the 2007 Water Resources
Development Bill and the 2008 Food Conservation and Energy Bill. The ability to override a veto
allows for Congress to limit and check the power of the President, who would otherwise miss-use
the veto to their own advantage. Although the veto is an effective tool for checking the power of the
President, the requirement of a 2/3 super-majority for the override to pass is difficult to achieve, as
it requires bipartisan support. It was not until the last four months of his eight years in office that
Congress first overrode one of President Obama’s vetoes — his twelfth, showing how the rare use of
the veto limits its effectiveness.

Congress has the “power of the purse”. All the money that the president wants to spend on the
president’s policies must be voted for by Congress. Its refusal to vote for this money will significantly
curtail what the president can do — be it in domestic or foreign policy. In 2007, the Democrat-
controlled Congress attempted to limit President George W. Bush’s spending on the military
operations in Iraq. This tool is an effective check on the power of the President, allowing for
Congress to effectively limit and control any decisions made by the President that require financial
support. However, this tool can become a problem in a divided government, as seen during
Democratic President Clinton’s term, during which the Republican dominated Congress refused
Clinton’s fiscal budget. This led to the government shutdowns of 1995-96, effectively curtailing the
President’s powers whilst also preventing government from functioning.

The final check on the President held by Congress is the power of impeachment. Congress may
impeach any member of the executive branch, including the president, when powers have been
abused. The House of Representatives has the power of impeachment and used this in 1998 when it
passed two articles of impeachment against President Clinton — for perjury (228–206) and
obstruction of justice (221–212). Just a simple majority is required. Once the House has impeached,
the Senate then conducts the trial. If found guilty by a two-thirds majority, the accused person is
removed from office. In President Clinton’s case, the Senate found him not guilty on both articles of
impeachment. Impeachment and the subsequent removal from office is the most powerful check on
the President, however, due to the 2/3 super-majority requirement in the Senate, removal of a
President has never been achieved (due to the fact that the Senate votes along party lines – all
Democratic Senators voted to impeach Trump and all Republican Senators -bar one – voted against).
All three impeachments (Johnson, Clinton and Trump) were followed by an acquittal in the Senate,
which shows that although impeachment can be achieved, the actual removal of the President is
significantly harder.

Explain and analyse three ways in which federalism influences US government

Federalism refers to the power-sharing arrangement between the states and the federal
government. The first way in which federalism influences the US government is through the ability of
states to make their own laws, whilst at the same time the federal government can make ‘blanket’
federal laws with their enumerated powers. For example, the death penalty is a form of punishment
used in 28 states (showing the variation in laws – some use capital punishment, some do not), whilst
at the same time the blanket federal law that any criminals who committed a crime under the age of
18 are immune from capital punishment exists. This aspect of federalism allows the US government
to operate on both a local and national level.

Another area in which federalism influences the US government is through the elastic clause. The
elastic clause is found in Article 1, Section 8 of the US constitution and allows Congress to pass laws
that it deems necessary in order to carry out its enumerated powers. Alongside this is the Supreme
Court, which intervenes and resolves disputes between states and the federal government. One
such example was seen in McCulloch v Maryland. The case rested on the state of Maryland being
unable to tax the Bank of America. The Supreme Court deemed that it was constitutional for
Congress to create a Bank of America, using the elastic class to create the bank, which would then
allow the enumerated powers of tax collection, money borrowing and coining to continue. This
clause, as well as the role of the Supreme Court to resolve issues between the federal and state
governments, is another aspect of federalism that influences the US government and allows it to
continue to function.

The third influence of federalism can be seen through its significant influence on certain
governmental institutions. The Senate is one part of the bicameral Congress, which when combined
with the House of Representatives acts as the legislative branch of the US. The influence of
federalism can be clearly seen within the Senate, whereby each state is equally represented by two
Senators regardless of size. For federalism to work, each state must be deemed as equal, with no
laws set by the federal government favouring certain states. In this way, federalism has influenced
the US government to accommodate for equality of states.

Explain and analyse three ways in which the Bill of Rights protects the rights of US citizens

The first way in which the rights of US citizens are protected under the Bill of Rights is through the 1 st
Amendment, which protects freedom of religion, speech and petition. Mr Johnson was charged with
violating Texas law after burning the American flag. However, after Texas v Johnson (1989), the
Supreme Court ruled that burning the American flag was deemed as free speech under the 1 st
Amendment, clearing Johnson of his charges. In this way, the Bill of Rights protected Johnson from
the state infringing on his freedom of speech. The first Amendment prevents discrimination and
prosecution because of religion or speech and allows citizens to lawfully conduct petitions.

The second way in which the Bill of Rights protects US citizens is via the 4 th Amendment, which
requires the police to have “probable cause” and a warrant before any searches and seizures of
property are conducted. This Amendment was seen in use during Katz v United States (1967),
whereby the Supreme Court ruled that evidence collected by the FBI (unwarranted recordings of a
public phone booth) violated the 4th Amendment and could therefore not be used to convict Katz of
illegal gambling. This shows how the 4 th Amendment protects citizens from being unlawfully spied on
and convicted by the state, as the state is required to have legally obtained evidence before
prosecution.

The third way in which the Bill of Rights protects the rights of US citizens is via the 5 th Amendment,
which protects the rights of those accused of committing a crime. It does this by requiring grand
juries to decide if individuals must be indicted for a crime, prevents citizens from being deprived of
“life, liberty and property” without due process of law, and prevents citizens from testifying against
themselves. This Amendment protected Ernesto Miranda in Miranda v Arizona (1966) when the
Supreme Court ruled that Ernesto Miranda’s confession could not be used as evidence because he
had not been warned of his rights. This led to the creation of the Miranda rights, whereby police
must inform suspects of their rights at the time of their arrest. This shows how citizens who are
accused of committing a crime are protected.