The Nature of the US Constitution (Edexcel A Level Politics): Revision Note

The vagueness of the US Constitution

• The US Constitution uses vague language that requires interpretation to be understood and to be kept relevant

• This allows flexibility over time, but also leads to disagreement over the limits of government power

Ways in which the Constitution can be seen as vague

1. Article I – the Elastic Clause

• Congress may pass laws that are “necessary and proper” to carry out its powers

• There is no definition of what counts as ‘necessary and proper’, which has allowed the growth of the power of the federal government

  • The Affordable Care Act (2010) was justified under the Commerce Clause, despite healthcare not being explicitly mentioned

2. Undefined executive powers

• The President is Commander-in-Chief, but the Constitution does not clearly outline the limits of military action

• Presidents have therefore authorised military strikes without congressional approval

  • Biden’s 2024 strikes against Iranian-backed militias in Syria

  • Trump’s 2025 actions in Venezuela

3. Ambiguous language over the rights of citizens

• Terms such as “liberty” and “due process” are not defined

• This has allowed the Supreme Court to interpret rights differently over time

  • Dobbs v Jackson (2022) overturned Roe v Wade by arguing abortion was not explicitly protected

Why the Constitution can be seen as specific

• Despite areas of vagueness, the US Constitution can also be seen as specific, as it clearly outlines how government should operate

1. Clear structure of federal government

• Articles I–III clearly outline the roles of:

  • Congress

  • the President

  • the Supreme Court

• Each branch is separate, known as separation of powers

  • President Obama, Vice President Biden and Secretary of State Clinton all had to give up their Senate seats in 2008 to take up roles in the executive branch

2. Enumerated powers

• The Constitution gives each branch specific powers, including the power to check the other branches (known as checks and balances)

  • Congress’s powers to tax, spend and regulate interstate commerce are clearly listed and were used to pass the Inflation Reduction Act (2022)

  • The President is given the power of Commander-in-Chief, whilst Congress is given the power to declare war

3. Clearly defined amendment process

• Article V clearly sets out how the amendment process works, even if the process is difficult

  • Any amendment requires approval of ⅔ of both Houses of Congress

  • It also requires agreement of ¾ of US states

How is the federal government organised in the US?

• The US Constitution allocates specific powers to each of the three branches of government in the US to try and prevent tyranny and ensure accountability

• Each branch of government in this system runs differently

Congress (legislative)

• Congress is the legislative branch of the federal government and is responsible for making laws

  • This power is outlined in Article I of the Constitution

1. House of Representatives

• Made up of 435 members, each of whom represents a congressional district of roughly equal population

  • Every state must have at least one member

• Members are elected every two years within their congressional district

2. Senate

• Made up of 100 members, with every state having two senators

  • Representation is equal regardless of the population of the state

• One-third of the Senate is elected every two years

  • Each senator serves a six-year term

President

• The executive power in the US rests in the President alone

  • Unlike the UK, where power is collectively exercised by the Prime Minister and cabinet, Article II of the Constitution begins by stating:

    • “The executive Power shall be vested in a President of the United States of America”

• The President is elected every four years

• Each state is allocated a number of electors

  • These electors represent the state’s wishes in the Electoral College to elect a president

Supreme Court

• The Supreme Court is the judicial branch and interprets the US Constitution

  • It is made up of nine justices

  • Justices serve to interpret the US Constitution when cases concerning its meaning are brought to them

  • Justices are nominated by the President when vacancies arise

    • Nominees must then be ratified by the Senate

The powers of each branch

1. Powers of Congress (legislative branch)

• Congress exercises legislative power and holds the executive to account

Powers of the President (executive branch)

• The President enforces laws and directs the executive branch

• Enforcement of laws

  • The presidency is responsible for enforcing laws passed by Congress

  • This is often done using:

    • the federal bureaucracy

    • cabinet departments

    • executive orders

  • President Trump’s travel ban executive actions were interpretations of the Immigration and Nationality Act (1952)

• Commander-in-Chief

  • The President controls the armed forces, including the army, air force and navy

Powers of the Supreme Court (judicial branch)

• The Supreme Court exercises judicial power by interpreting the Constitution and ruling on constitutionality

• Judicial review

  • The Court has the power to declare laws or actions of the federal and state governments unconstitutional