American Politics and US Constitution | Unit 3, Modules 6–9
Difficulty: Introductory | Prerequisites: Unit 2 (Development of Constitutional Democracy)
The US government is divided into three branches: Congress makes the laws, the President enforces them, and the federal courts interpret them. Power is further divided between the national government and the states through federalism. Each institution has specific constitutional powers and limitations that prevent any single actor from controlling the system.
Bicameral legislature
A legislative body with two chambers. In the US, Congress consists of the House of Representatives and the Senate. In simple terms, two rooms that both have to agree before a bill becomes law.
House of Representatives
The lower chamber of Congress. 435 members, apportioned among the states by population, serving two-year terms. All revenue bills must originate here.
Senate
The upper chamber of Congress. 100 members, two per state, serving six-year staggered terms. Holds exclusive power to confirm presidential appointments, ratify treaties, and try impeachments.
Filibuster
A procedural tactic in the Senate that allows a senator to extend debate indefinitely, effectively blocking a vote. Ending a filibuster requires a cloture vote of 60 senators. Think of it as a minority veto through endless talking.
Electoral College
The system used to elect the President. Each state gets electors equal to its total congressional delegation (House seats plus two senators). A candidate needs 270 of 538 electoral votes to win.
Judicial review
The power of federal courts to declare laws or executive actions unconstitutional. Established in Marbury v. Madison (1803). In simple terms, the courts can say "that law breaks the Constitution" and strike it down.
Supremacy Clause
Article VI, Clause 2 of the Constitution, establishing that the Constitution and federal laws are the "supreme Law of the Land." When state law conflicts with federal law, federal law wins.
Necessary and Proper Clause (Elastic Clause)
Article I, Section 8, Clause 18, giving Congress the power to make all laws "necessary and proper" for carrying out its enumerated powers. This is the constitutional basis for implied powers.
Commerce Clause
Article I, Section 8, Clause 3, giving Congress the power to regulate commerce with foreign nations, among the states, and with Native American tribes. Over time, this has become one of the broadest sources of federal legislative authority.
Implied powers
Powers not explicitly stated in the Constitution but reasonably inferred from the enumerated powers through the Necessary and Proper Clause. Established as constitutional in McCulloch v. Maryland (1819).
Impeachment
The constitutional process for removing a president, federal judge, or other official from office. The House impeaches (brings charges); the Senate tries the case. Conviction requires a two-thirds vote in the Senate.
Executive order
A directive issued by the President to manage operations of the federal government. Has the force of law but can be overturned by a subsequent president, an act of Congress, or a court ruling.
Cabinet
The heads of the fifteen executive departments (State, Defence, Treasury, etc.), who advise the President and run their respective departments. Not mentioned in the Constitution; created by custom and statute.
Congress is established by Article I of the Constitution, making it the first branch the Founders described, and deliberately so. They considered the legislature the most important branch because it is closest to the people.
Structure:
House of Representatives: 435 members, apportioned by population (Census every 10 years). Two-year terms. Led by the Speaker of the House.
Senate: 100 members, two per state regardless of population. Six-year staggered terms (roughly one-third up for election every two years). Led by the Vice President (who votes only to break ties) and the President pro tempore.
Key powers of Congress:
Levy taxes and control federal spending ("power of the purse")
Regulate interstate and foreign commerce
Declare war
Raise and support armies
Establish federal courts below the Supreme Court
Coin money and regulate its value
Pass laws "necessary and proper" for executing its enumerated powers
Powers unique to each chamber:
House: initiates all revenue bills; votes to impeach federal officials; elects the President if no candidate wins an Electoral College majority
Senate: tries impeachment cases; confirms presidential appointments (judges, cabinet, ambassadors); ratifies treaties (two-thirds vote); more deliberative by design, with longer terms and staggered elections
How a bill becomes law:
A bill is introduced in either chamber (revenue bills must start in the House). It goes to a committee, which holds hearings and may amend it. If the committee approves, the full chamber debates and votes. The other chamber must pass its own version. Differences are resolved in a conference committee. Both chambers vote on the final version. The President signs it into law or vetoes it. Congress can override a veto with a two-thirds vote in both chambers.
Article II of the Constitution establishes the executive branch. The Founders wanted an energetic executive who could act decisively, but with enough constraints to prevent monarchy.
Constitutional powers of the President:
Commander-in-Chief of the armed forces
Power to grant pardons and reprieves for federal offences (except impeachment)
Power to make treaties (with the advice and consent of the Senate)
Power to appoint ambassadors, Supreme Court justices, and other federal officers (with Senate confirmation)
Power to veto legislation
Duty to "take Care that the Laws be faithfully executed"
State of the Union address to Congress
The Executive Office and the Cabinet:
The President heads a vast executive bureaucracy. The Cabinet consists of the heads of fifteen executive departments (State, Treasury, Defence, Justice, etc.), each appointed by the President and confirmed by the Senate. The Executive Office of the President includes the White House staff, the National Security Council, and the Office of Management and Budget.
Limits on presidential power:
Cannot declare war (Congress holds that power, though presidents have committed troops without a formal declaration)
Vetoes can be overridden by two-thirds of both chambers
Appointments and treaties require Senate approval
Can be impeached by the House and removed by the Senate
Executive orders can be overturned by courts or reversed by a successor
The Twenty-Second Amendment limits the President to two terms
The Vice President succeeds the President if the office becomes vacant, presides over the Senate (casting tie-breaking votes), and performs duties the President assigns. The Twenty-Fifth Amendment (1967) established procedures for filling a vice-presidential vacancy and for handling presidential disability.
Article III establishes the Supreme Court and authorises Congress to create lower federal courts. The judiciary is the least detailed of the three branches in the Constitution, which gave it room to define its own role over time.
Structure of the federal court system:
US District Courts: trial courts, the entry point for most federal cases
US Courts of Appeals (Circuit Courts): 13 circuits that review district court decisions
The Supreme Court: the court of last resort, with both original and appellate jurisdiction. Currently nine justices (not set by the Constitution; Congress determines the number)
Key features:
Federal judges serve "during good Behaviour," which in practice means life tenure. This insulates them from political pressure.
Judges can only be removed through impeachment.
The Supreme Court has original jurisdiction in cases involving ambassadors and disputes between states. In all other cases, it has appellate jurisdiction.
Judicial review:
The most important power of the federal courts is judicial review: the authority to declare laws or executive actions unconstitutional. This power is not explicitly stated in the Constitution. It was established by Chief Justice John Marshall in Marbury v. Madison (1803), in which the Court struck down a provision of the Judiciary Act of 1789.
Marshall's reasoning: the Constitution is the supreme law; judges take an oath to uphold it; therefore, when a statute conflicts with the Constitution, the courts must give effect to the Constitution and disregard the statute.
Appointment process:
The President nominates federal judges, and the Senate confirms them. Supreme Court nominations are often politically contentious because justices serve for life and can shape the law for decades.
Federalism divides governing authority between the national government and the state governments. Neither level is subordinate to the other in its own sphere; both derive their authority from the Constitution.
Types of powers:
Enumerated (delegated) powers: Powers explicitly granted to the federal government. Examples: regulate interstate commerce, coin money, declare war, establish post offices.
Reserved powers: Powers kept by the states under the Tenth Amendment. Examples: establish local governments, regulate intrastate commerce, conduct elections, establish schools.
Concurrent powers: Powers shared by both levels. Examples: levy taxes, borrow money, establish courts, make and enforce laws.
Implied powers: Powers not explicitly listed but inferred from the Necessary and Proper Clause. Example: Congress can create a national bank because it is "necessary and proper" for carrying out its taxing, borrowing, and spending powers (McCulloch v. Maryland, 1819).
The Supremacy Clause (Article VI):
When federal and state laws conflict, federal law prevails. This principle was reinforced in McCulloch v. Maryland, where the Supreme Court ruled that Maryland could not tax a federal bank.
Evolution of federalism:
The balance of power between the federal and state governments has shifted over time. The Commerce Clause, in particular, has been interpreted broadly to expand federal authority. The Civil War, the New Deal, and the civil rights era all marked significant expansions of national power relative to the states.
Why federalism matters for this course:
Many policy debates in American politics (healthcare, education, criminal justice, environmental regulation) are at their core arguments about which level of government should have authority. Understanding the federal structure is essential for analysing those debates.
Students often think the Supreme Court can choose to hear any case it wants. In most situations, the Court exercises discretionary review through writs of certiorari, and it declines the vast majority of petitions. Only cases involving ambassadors or disputes between states fall under the Court's original jurisdiction.
Students often confuse enumerated powers with implied powers. Enumerated powers are explicitly listed in the Constitution. Implied powers are inferred from the Necessary and Proper Clause. Both are constitutional, but they have different textual bases.
Students often assume that the President can make law through executive orders. Executive orders direct the executive branch but do not create new law in the way that an act of Congress does. They can be overturned by courts, reversed by a successor, or superseded by legislation.
Students often believe that filibusters are in the Constitution. They are not. The filibuster is a Senate procedural rule, not a constitutional requirement.
Know the specific powers of each branch and be able to identify which branch holds a given power.
Be ready to explain the difference between enumerated, implied, reserved, and concurrent powers with examples.
Marbury v. Madison is one of the most tested cases in this course. Know the holding (the Court can declare laws unconstitutional) and Marshall's reasoning.
McCulloch v. Maryland is equally important. Know that it established the doctrine of implied powers and reinforced the Supremacy Clause.
Understand the legislative process (how a bill becomes law) well enough to identify where a bill can be blocked.
True or False: Revenue bills can originate in either the House or the Senate.
False. Revenue bills must originate in the House of Representatives.
Fill in the blank: The power of judicial review was established in the case of ______.
Marbury v. Madison (1803)
True or False: The Constitution specifies that the Supreme Court must have nine justices.
False. The Constitution does not set the number. Congress determines it by statute.
Fill in the blank: The ______ Amendment reserves to the states all powers not delegated to the federal government.
Tenth
True or False: The Vice President votes in the Senate on all legislation.
False. The Vice President votes only to break a tie.
Q: What are the key structural differences between the House of Representatives and the Senate?
A: The House has 435 members apportioned by population with two-year terms; the Senate has 100 members (two per state) with six-year staggered terms. The House initiates revenue bills and votes to impeach; the Senate confirms appointments, ratifies treaties, and tries impeachments.
Q: Explain the doctrine of implied powers and cite the case that established it.
A: Implied powers are those not explicitly listed in the Constitution but inferred from the Necessary and Proper Clause as reasonably necessary to execute the enumerated powers. McCulloch v. Maryland (1819) established this doctrine when the Supreme Court upheld the constitutionality of the Second Bank of the United States.
Q: How does the Supremacy Clause resolve conflicts between federal and state law?
A: Article VI, Clause 2 declares the Constitution and federal laws the "supreme Law of the Land." When a valid federal law conflicts with a state law, the federal law prevails and the state law is preempted.
Q: Describe the process by which a President can be removed from office.
A: The House of Representatives votes to impeach (bring charges). If a majority of the House votes to impeach, the case goes to the Senate for trial, presided over by the Chief Justice when the President is the defendant. Conviction and removal require a two-thirds vote of the senators present.
Q: Why did the Founders give federal judges life tenure?
A: To insulate the judiciary from political pressure. Judges who do not need to worry about re-election or reappointment can decide cases based on the law and the Constitution rather than popular opinion or the wishes of the political branches.
This unit builds directly on Unit 2. The separation of powers and checks and balances introduced there are explored here in institutional detail. If Unit 2 gave you the blueprint, this unit walks you through the building.
The legislative process covered here connects to Unit 4 (Political Participation), where you will learn how elections, interest groups, and voters influence what Congress does. The judicial branch material sets up Unit 5 (Civil Liberties and Civil Rights), where landmark Supreme Court cases are central.
Federalism recurs throughout the course. Almost every policy debate you encounter later involves a question about whether the federal government or the states should act.
US government structure, three branches of government, legislative branch, Congress, House of Representatives, Senate, Speaker of the House, filibuster, cloture, executive branch, presidency, presidential powers, Commander-in-Chief, veto, executive order, cabinet, judicial branch, federal courts, Supreme Court, judicial review, Marbury v. Madison, McCulloch v. Maryland, Article I, Article II, Article III, enumerated powers, implied powers, reserved powers, concurrent powers, Necessary and Proper Clause, Elastic Clause, Commerce Clause, Supremacy Clause, Tenth Amendment, federalism, bill becomes law, impeachment, Electoral College, bicameral legislature, HST 321, American Politics, US Constitution, WGU