The Constitutional Framework of US Government

Question 1

What is the US Constitution and why is it significant in the US political system?

Answer 1

• The US Constitution is a codified, entrenched document that outlines the framework of the federal government.
• It was ratified in 1788 and came into force in 1789.
• It establishes the separation of powers, checks and balances, and federalism, and protects individual rights through the Bill of Rights.

Question 2

What are the main characteristics of the US Constitution?

Answer 2

• Codified: Written in a single document.
• Entrenched: Difficult to amend (requires 2/3 of Congress + 3/4 of states).
• Judiciable: Interpreted and enforced by the judiciary, especially the Supreme Court.
• Federal: Power is divided between national and state governments.
• Checks and balances: Prevents concentration of power.

Question 3

What are the seven Articles of the Constitution?

Answer 3

Article I: Legislative branch (Congress)
- Article II: Executive branch (President)
- Article III: Judiciary (Supreme Court)
- Article IV: States’ powers and relationships
- Article V: Amending the Constitution
-Article VI: Supremacy clause
- Article VII: Ratification process

Question 4

What is the Bill of Rights and why is it important?

Answer 4

• The first ten amendments (1791)
• designed to protect individual liberties against federal government overreach.

Question 5

what are the key rights in the bill of rights?

Answer 5

1st: Freedom of speech, religion, press, assembly
- 2nd: Right to bear arms
- 4th: Protection against unreasonable searches
- 5th: Due process, protection against self-incrimination
- 10th: Powers reserved to the states. Example: District of Columbia v. Heller (2008) affirmed the individual right to own firearms.

Question 6

What is the principle of separation of powers?

Answer 6

• Power is divided among three branches: Legislative (Congress) makes laws, Executive (President) enforces laws, and Judicial (Supreme Court) interprets laws.
• Each branch is separate and cannot usurp another’s functions.
• This prevents tyranny and concentrates power.

Question 7

How does the US Constitution ensure checks and balances between branches?

Answer 7

• Each branch limits the others
• Congress checks President (override veto, impeach, confirm appointments)
• President checks Congress (veto)
• Supreme Court checks both via judicial review.

Question 8

What is judicial review and what case established it?

Answer 8

• Judicial review is the Supreme Court’s power to strike down laws or executive actions as unconstitutional.
• Established in Marbury v. Madison (1803). Example: Obergefell v. Hodges (2015) struck down state bans on same-sex marriage.

Question 9

How can the US Constitution be amended?

Answer 9

• Proposal: 2/3 of both Houses of Congress.
• Ratification: 3/4 of state legislatures.
• Only 27 amendments have passed since 1789.
• example: 26th Amendment (1971) lowered voting age to 18.

Question 10

What is federalism in the US context?

Answer 10

• Federalism divides power between the federal and state governments.
• Each has sovereignty in areas.
• The 10th Amendment reserves powers to states. Example: Marijuana laws differ by state

Question 11

What are the key strengths of the US Constitution?

Answer 11

• Protects individual rights (e.g., First Amendment)
• Effective checks and balances
• Encourages compromise
• Durable yet adaptable. Example: Constitution has survived civil war, crises, and 200+ years of change.

Question 12

What are the main criticisms of the US Constitution?

Answer 12

• Too difficult to amend
• Judicial power too strong (unelected judges overturn laws)
• Outdated mechanisms (e.g., Electoral College)
• Vague wording open to manipulation. Example: Gun rights debates focus on 2nd Amendment ambiguity.