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• The president does not sit in Congress, nor do members of their cabinet
• The different branches of government have clearly defined roles, such as Congress to pass laws and raise taxes, or the president to conduct foreign relations
• It is more about shared powers but separate personnel
• Rights protected by the US Constitution

  • Freedom of expression, a free press and free assembly (First Amendment)
  • Right to bear arms (Second Amendment)
  • Right to remain silent when questioned by the police: 'To plead the Fifth'
  • Right to a fair and public trial (Sixth Amendment)
  • No cruel or unusual punishments (Eighth Amendment)
• Miranda rights


  Rights that have emerged as a result of Supreme Court decisions
• The US Constitution was drawn up in 1787 by a very unrepresentative group of politicians by today's standards
• America has changed enormously since then in terms of diversity and culture, not least with the emergence of a full democracy
• Only a few groups have their rights specifically protected in the Constitution; many do not
• The Constitution is very difficult to change
• The Constitution often produces deadlock and conflict between the different branches, e.g. government shutdowns
• The Second Amendment is occasionally harmful
• The problem lies not so much with the Constitution as with today's politicians and the currently very high levels of partisanship
• There is a lack of any great desire to replace the Constitution and it still acts as a focal point for unity and loyalty among Americans
• There is a lack of any consensus about a replacement for the Constitution
• It is not entirely fair to say the Constitution does 'little to defend the rights of ordinary citizens in the twenty-first century'
• Many fundamental rights are entrenched in the Constitution, such as freedom of speech and right to a fair trial
• The source is very recent which lends credibility to both sides of the argument
• The extract is 'original material', so written for these revision notes, which implies it will be balanced and researched and written by politics teachers in the UK with no obvious political agenda in mind
• Both the UK and US are liberal democracies committed to the protection of individual rights
• Rights are protected in the UK through Acts of Parliament and statute law, and in the US through the Supreme Court
• Pressure groups also play a role in protecting rights in both countries
• Acts of Parliament and Congress

  • 2012 Equality Act (UK)
  • 1965 Voting Rights Act (US)
• The role of the legislature is more significant in the UK compared with the US in protecting rights
• Landmark US Supreme Court hearings

  • Roe v Wade
• The UK Supreme Court is less prominent in protecting rights compared to the US Supreme Court
• The US is far less bound by international treaties compared to the UK
• Gun owners have entrenched rights in the US through the Second Amendment, while the UK perhaps offers greater protection to certain groups, e.g. paid parental leave
• Federalism


  The division of powers between the federal government and the states in the US
• Devolution


  The transfer of powers from the central government to regional parliaments in the UK
• Federalism is entrenched in the US (Tenth amendment) but a much more recent development (post 1997) in the UK
• Devolution is asymmetrical in the UK, i.e. it is not present in England which comprises the bulk of the UK's population and resources
• There are direct elections to both US state bodies and UK regional parliaments
• All the UK regional parliaments are unicameral, while all US states except Nebraska are bicameral
• Federal power has grown in the US, for example in areas such as education that traditionally were the preserve of states
• Recent US presidents have made much less of 'states' rights' than, say, Reagan
• Committees play a crucial role in the development of legislation in Congress
• Investigation of the executive branch takes place in congressional committees
• Committees are essential as the main form of scrutiny of the executive in the US due to the separation of powers
• Congressional investigation creates a powerful incentive for the executive to ensure that its actions stand up to the potential glare of media attention
• Senate standing committees hold hearings on presidential appointments