What are the nature and principles of the US Constitution and how does federalism work?
The nature and principles of the US Constitution, the separation of powers and checks and balances, the amendment process, the nature and development of federalism, and the debates over the constitution today.
A focused answer to AQA A-Level Politics on the nature and principles of the US Constitution, the separation of powers and checks and balances, the amendment process, the development of federalism, and the debate over its strengths and weaknesses.
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What this dot point is asking
AQA wants you to explain the nature and key principles of the US Constitution, describe the separation of powers and checks and balances, explain the amendment process and why it is so demanding, trace the development of federalism, and evaluate the strengths and weaknesses of the constitution today.
Nature and principles of the Constitution
The Constitution divides power among Congress (Article I, the legislature), the President (Article II, the executive) and the Supreme Court (Article III, the judiciary), and reserves remaining powers to the states and the people under the Tenth Amendment. It was drafted in 1787 and rests on Enlightenment ideas (Montesquieu's separation of powers, Locke's limited government) and a deep distrust of concentrated power born of the colonial experience. Because it is supreme law, government action that conflicts with it can be struck down by the courts, which gives the Constitution a force the flexible UK constitution lacks.
Separation of powers and checks and balances
The separation of powers (distinct branches with distinct personnel, unlike the UK fusion) and checks and balances (each branch able to limit the others) work together: separation keeps the branches apart, while checks let them restrain one another. The result is a system deliberately designed to be slow, deliberative and resistant to the concentration of power.
The amendment process
Amendments need a two-thirds vote in both houses of Congress (or a national constitutional convention) to propose, and ratification by three-quarters of the states (38 of 50). This deliberately high bar entrenches the Constitution against transient majorities: only 27 amendments have ever passed, the first ten being the Bill of Rights (1791), and none since 1992. The difficulty protects rights and stability but also makes the document hard to modernise, leaving change to judicial interpretation instead.
Federalism
US federalism has developed from dual federalism (separate spheres of national and state power, the "layer cake", roughly to the 1930s) to cooperative federalism (shared, intertwined functions, the "marble cake", driven by the New Deal and the growth of federal grants), and on to a more centralised and at times coercive modern form (federal mandates and conditions attached to funding). The balance remains contested between states' rights and federal power, and is policed by the Supreme Court; major policy still varies sharply by state (on abortion, guns, the death penalty and drugs), showing federalism remains a living principle rather than a dead letter.
Exam-style practice questions
Practice questions written in the style of AQA exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
AQA 201912 marksExamine the ways in which the US Constitution limits the power of government. (Paper 3, Section C-style, USA essay rescoped to 12.)Show worked answer →
A focused essay with developed analysis and some evaluation.
Develop three limits. One: the separation of powers and checks and balances, so each branch can restrain the others (veto, override, confirmation, judicial review), making "ambition counteract ambition" (Madison, Federalist 51). Two: federalism and the Tenth Amendment, reserving powers to the states. Three: the entrenched Bill of Rights and a demanding amendment process that protects rights and limits change.
Evaluate by noting that these limits can produce gridlock and that informal growth of presidential power has tested them.
Markers reward accurate constitutional detail, analysis of how each device limits power, and a judgement on how effective the limits are.
AQA 202120 marksEvaluate the view that US federalism has shifted decisively towards the federal government. (Adapted from Paper 3, Section C essay; 25-mark essay rescoped to 20.)Show worked answer →
A balanced essay with a sustained judgement and developed arguments on both sides.
For a decisive shift: the growth of federal grants and mandates, the commerce clause and New Deal expansion, and national action on civil rights and welfare moving power to Washington.
Against a decisive shift: the Tenth Amendment and states' rights, Supreme Court rulings limiting federal power, and major policy variation between states (abortion, guns, the death penalty), showing federalism remains real.
Markers reward accurate detail on dual, cooperative and modern federalism, weighing of the two sides, and a justified conclusion. AO3 (evaluation) carries the most weight.
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Sources & how we know this
- AQA A-level Politics (7152) specification — AQA (2017)