How does the US Constitution distribute and limit power, and how has federalism changed?
The US Constitution and federalism: the principles of the Constitution, the separation of powers and checks and balances, the amendment process, and the development of federalism.
A WJEC A2 Unit 4 study of the US Constitution and federalism: codification and entrenchment, the separation of powers and checks and balances, the amendment process, the Bill of Rights, and how federalism has developed from dual to cooperative and modern federalism.
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What this dot point is asking
This WJEC A2 topic asks you to explain the principles of the US Constitution and the development of federalism, and to evaluate how the distribution of power has changed. You need the codified Constitution, the separation of powers and checks and balances, the amendment process, and how federalism has evolved between the federal government and the states.
The answer
The principles of the Constitution
Separation of powers and checks and balances
Examples of checks: Congress can override a presidential veto, control funding, confirm or reject appointments, and impeach; the President can veto legislation and nominate judges; the Supreme Court can declare the actions of Congress or the President unconstitutional through judicial review.
The amendment process
The Constitution is deliberately hard to change. An amendment normally requires a two-thirds supermajority in both houses of Congress and ratification by three-quarters of the states (38 of 50). This entrenchment protects the Constitution and the Bill of Rights (the first ten amendments) but makes reform difficult, so much constitutional change happens through Supreme Court interpretation instead.
The development of federalism
Federalism has changed over time: from dual federalism (states and federal government operating in separate spheres) toward cooperative federalism and a much stronger federal government, especially after the New Deal and through federal grants and Supreme Court rulings. Periods of "new federalism" have sought to return power to the states. Federalism therefore remains a contested balance between the centre and the states.
Examples in context
Entrenchment in action. The difficulty of amending the US Constitution shows what entrenchment means in practice and marks the sharpest contrast with the UK. To change the US Constitution, reformers must win two-thirds of both houses of Congress and the agreement of three-quarters of the states, a bar so high that very few amendments succeed. As a result, much constitutional development happens not through formal amendment but through the Supreme Court reinterpreting the document, for example in expanding federal power or civil rights. This is why a strong essay contrasts the entrenched, codified US Constitution with the flexible, uncodified UK constitution that changes by ordinary Act of Parliament.
Try this
Q1. What is required to amend the US Constitution? [3 marks]
- Cue. A two-thirds supermajority in both houses of Congress and ratification by three-quarters (38) of the states.
Q2. Give one check the Supreme Court has over the other branches. [1 mark]
- Cue. Judicial review: declaring acts of Congress or the President unconstitutional.
Q3. To what extent has the nature of US federalism changed over time? [25 marks]
- What the marker wants. A judgement weighing the growth of federal power against enduring state autonomy, using dual, cooperative and new federalism.
Exam-style practice questions
Practice questions written in the style of WJEC exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
WJEC A2 Unit 410 marksExplain the system of checks and balances in the US Constitution.Show worked answer →
A short-answer question testing AO1 knowledge of the US system.
Checks and balances let each branch limit the others. Congress can override a presidential veto, control funding, confirm appointments and impeach; the President can veto legislation and nominates judges; the Supreme Court can declare actions of Congress or the President unconstitutional (judicial review). These checks flow from the separation of powers and are designed to prevent any branch dominating.
The best answers give specific checks each branch holds over the others, not just a general statement that power is divided.
WJEC A2 Unit 420 marksTo what extent has the nature of US federalism changed over time?Show worked answer →
An extended evaluation requiring a balanced judgement.
Case for significant change: federalism has moved from dual federalism (states and federal government in separate spheres) toward cooperative federalism and a stronger federal government, especially through the New Deal, grants and Supreme Court interpretation.
Case for continuity: the states retain substantial powers, the Tenth Amendment endures, and there have been periods of "new federalism" returning power to the states; federalism remains contested between the centre and the states.
The top band weighs the long-term growth of federal power against enduring state autonomy and reaches a supported judgement.
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