1. Constitutional Rights
1.1. These are the fundamental rights guranteed by the constituion.
1.1.1. Freedom of Speech
1.1.2. Freed om of Religion
1.1.3. Freedom from Arbitrary Arrest
1.2. Mostly guaranteed by the 1st Amendment, with other later amendments furthering this.
2. Principles of the US Constitution
2.1. Separation of powers: The theory of government whereby political power is distributed among the legislature, judiciary and executive allowing them to act independently.
2.1.1. However, it is argued that instead there are institutions that are different, each sharing the same powers.
2.2. Checks and Balances: A system of government which gives each branch the means to control partially the powers exercised by the other branches.
2.2.1. The President can check congress by vetoing a bill it has passed and can check the courts by nominating judges and using the power of pardon.
2.2.1.1. Donald Trump Nominating the Supreme Court Justice Amy Coney Barrett (2020 - Republican)
2.2.1.2. Nixon was pardoned by Gerald Ford (Following the Watergate Scandal)
2.2.2. Congress can check the president in a number of ways, including amending legislative proposals and overriding veto. They can check the courts by proposing constitutional amendments and refusing a nomination approval.
2.2.2.1. The Senate refused to approve Merrick Garland to the Supreme Court (2016 - Democrat)
2.2.3. Federal Courts can check congress by declaring law unconstitutional and by declaring executive actions unconstitutional in relation to the President.
2.2.3.1. The Supreme Court found the Handgun free school-zones legislation to be unconstitutional (US v Lopez, 1990s)
2.2.4. The most serious check is to impeach the president - a power held by Congress allowing them to remove the President from office.
2.2.4.1. Donald J Trump was impeached by the House but found not guilty by the Senate during his time in office. Nixon was also impeached by resigned.
3. Federalism
3.1. This is the theory of government by which political power is divided between a national and state government, each having their own areas of jurisdiction.
3.1.1. This principle of the constitution was dubbed by James Maddison as the 'Middle Ground'.
3.2. Typically, Democrats favour less federalism and more powers to the federal governments, with Republicans arguing to the contary.
3.2.1. Republican President's such as George Bush (Jr.) have proven otherwise - Bush grew federal spending 33% in his first term, likely due to the 9/11 attacks and a need for more homeland security.
3.3. It has a large array of consequnces throughout US Government and politics:
3.3.1. Legal consequneces mean there is large variety in state laws such as laws on drugs and the death penalty.
3.3.2. Policy consequences - states can act as labs for testing new, ambitious policy - such as Marijuana legislation in Colorado.
4. Constitutional Amendments
4.1. The founding fathers understood that the amendment process was necessary but wanted to make it as difficult as possible.
4.1.1. There are three amendment processes:
4.1.1.1. If it is proposed by two-thirds of the House and Senate, it must be ratified by 3/4 of the state legislatures to be enacted. It can also be ratified by conventions in 3/4 of states.
4.1.1.2. If legislatures in 2/3 of the states calling for a national constitutional convention, it can be ratified by 3/4 of state legislatures. It can also be ratified by the convention states as seen above.
4.2. Advantages and Disadvantages
4.2.1. Advantages
4.2.1.1. It ensures that a small majority cannot impose it's will on a large minority.
4.2.1.2. Prevents amendments for temporary issues.
4.2.1.3. There cannot be a veto from congress for constituional amendment.
4.2.2. Disadvantages
4.2.2.1. It makes it very difficult to amend the constitution.
4.2.2.2. The voice of small-population states are exaggorated.
4.2.2.3. It enhances the powers of the unelected Supreme Court of the US.
4.3. Important Amendments
4.3.1. Amendments I - X: The Bill of Rights
4.3.1.1. Freedom of religion, speech, press and assembly (Article I)
4.3.1.2. Right to keep and bear arms (Article II)
4.3.1.3. Rights of trial (Article VI)
4.3.2. Later Amendments
4.3.2.1. Slavery prohibited (Article 1865)
4.3.2.2. Voting age to 18 (Article XXVI)
4.3.2.3. Direct election of the senate (Article XVII)
5. Nature of the US Constitution
5.1. Codified Constitution: A constitution that consists of a full and authorative set of rules, written down in a single text.
5.1.1. The US Constitution has remained codified since it's inception in the 18th century.
5.2. Blend of specificity and vagueness: Not everything within the constitution is clearly cut. There are implied powers that are not specifically mentioned.
5.2.1. Implied powers tend to be provided by Article 1 and Section 8 of the US Constitution.
5.3. It's provisions are entrenched: This means that there is an application of extra legal safeguards on constitutional provisions to make it more difficult to abolish them.
5.3.1. Entrenchment is provided through the complex amendment process.