Key Features of the US Constitution (Edexcel A Level Politics): Revision Note

An introduction to the key features

• The US Constitution is underpinned by a number of key principles

• Although these terms are not always explicitly written into the Constitution, they can be identified in its structure, wording and operation

Federalism

• Federalism is the principle of shared sovereignty, meaning power is divided between the federal (national) government and state governments

• The powers of the federal government are enumerated in Articles I–III of the US Constitution

• Powers not given to the federal government are reserved to the states under Amendment X, which states:

  • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

• The Supreme Court has the power to interpret the Constitution

  • In Dobbs v Jackson (2022), the Court ruled that the power to decide over abortion should be returned to the states

Effectiveness of federalism

Separation of powers

• Separation of powers means that the three branches of the federal government each have their own powers, personnel and buildings

• The three branches are:

  • Congress (legislative)

  • President (executive)

  • Supreme Court (judicial)

• Individuals can only sit in one branch of government at a time

• The President is given the power of the pardon in the Constitution

  • President Trump pardoned nearly 1,600 individuals in 2025 for their role in the January 6 insurrection

Effectiveness of separation of powers

Checks and balances

• Checks and balances means that each branch of the federal government has the power to scrutinise and limit the actions of the other branches

  • If one branch oversteps its powers, the other branches can prevent it from acting

• Congress, as the representative body of the people and taxpayers, has the power of the purse

Effectiveness of checks and balances

Bipartisanship

• The Founding Fathers were sceptical about political parties but anticipated their impact

• As a result, they included requirements for bipartisanship throughout the Constitution

• This is achieved through the use of super-majorities

  • Certain actions require a two-thirds majority in both Houses of Congress, including:

    • proposing constitutional amendments

    • overriding a presidential veto

Effectiveness of bipartisanship

Limited government

• A limited government is one that operates with restraints on its power, preventing it from becoming tyrannical

  • Federalism limits power by dividing it between federal and state governments

  • Separation of powers limits power by dividing it between the three branches

  • The Supreme Court plays a key role in enforcing limited government

Effectiveness of limited government