evaluating the contitution Flashcards
What were the main aims of the founding fathers?
Limit government power and avoid abuse and
concentration of power
Protect states’ rights
rights
Establish a new type of government, a democracy
Strengths - govt
- Limited government
Separation of powers
Checks and balances
Federalism
Examples
Kamala Harris had to step down as Senator
to become Vice-President
Trump vetoed Defense Authorization Act Congress overrode the veto.
State governors like New York’s Cuomo, maintained state COVID-19 shutdowns, against Trump’s wishes.
Counter
Perhaps the US government is too limited 🡪 gridlock
(e.g. 2018/19 government shutdown; Merrick Garland).
strengths - rights
Protection of rights
Entrenched
Supreme Court
Examples
Bill of Rights
Supreme Court protection of rights in Obergefell v.
Hodges, DC v Heller, Boumediene v Bush, etc
Counter-argument
Some events can put rights under threat, e.g. War on Terror (Patriot Act, Guantanamo Bay), COVID-19
strengths - states
Federalism has kept a diverse nation together
18 states have legalised recreational cannabis,
others keep it banned
21 states have abolished the death penalty
Counter-argument
The expansion of federal government powers over time (e.g. American Health Care Act) has caused a backlash, and demands for protection of states’ rights
weakness
Government too limited - gridlock
Rigidity
Powerful unelected Supreme Court
gridlock
Examples
2018/19 (36 day) and 2013 (16 day) federal government shutdowns
Merrick Garland nomination
eval
Limitation of government is on purpose – founding fathers’ fear of tyranny;
Recent events of gridlock are results of political polarisation causing unwillingness to get things done in a bipartisan way; the system worked better in a less polarised system
rigidity
Amendment process
Examples
Only 27 Amendments in total, only 1 in last 40 years
(and that was a minor detail about Congressional pay!)
Equal Rights Amendment got 2/3 majority support in both houses of Congress and 35 states ratified it
Counter-argument
Flexibility through Supreme Court interpretation (Plessy v
Ferguson -> Brown v Board of Education)
Flexibility through commerce clause
Amendments are possible
Powerful unelected Supreme Court
Big policy decisions taken by the court, not elected
politicians. Examples Roe v. Wade 1973, Citizens United v. FEC 2010, Obergefell v. Hodges 2015. Dobbs v Jackson
Counter-argument
Their power is part of the system of separation of
powers and checks and balances to limit the power
of government
Evaluate the view that the US Constitution is sufficiently
democratic.
- Access points
- Both houses are elected
- frequent elections
access points
- The federal system and separation of powers give interest groups many access points to represent the views of ordinary people
The National Right to Life anti-abortion group campaigns at federal and at state level, and was able to convince a number of states, including Texas, to pass a state ‘heartbeat bill’ since 2019.
- the lack of restrictions on interest groups mean they have too much influence, benefitting those with more financial resources, producing an elitist democracy
Wall Street banks spend $2 billion per year on lobbying.
-Despite support from 81% of Americans for closing the gunshow loophole, the NRA has managed to lobby Congress to block it.
frequent elections
The many frequent elections give the people influence on government
Californians could vote 19 times on one day in 2020.
- The electoral college and winner takes all system used does not represent people fairly.
In 2000 Al Gore won 48.4% of the popular vote, George W. Bush 47.9%. But, Bush won more electoral college votes and became president
directly elected houses
Both houses of Congress are directly elected (unlike Parliament in the UK)
The members of the whole House of Representatives and 1/3 of the Senate were up for re-election in 2018, and again in 2020
- Inhabitants of small states are overrepresented – in the Senate, in the electoral college, and in the ratification of constitutional amendments
California, with 39 million inhabitants, has 2 Senators. Wyoming, with 500.000 inhabitants, also has 2 Senator
not fit for purpose
- amendment
- powerful SC
- gridlock
- rights
evaluate the view that the US constitution is no longer fit for purpose - amendment
The US Constitution is most definitely no longer fit for purpose as the amendment process is too lengthy and complex.
This makes it almost impossible to amend policies that are no longer applicable or to add policies that a majority desires. - instead of the Electoral College
However, the lengthy process of making an amendment has usually prevented dangerous amendments to the Constitution from being passed and protecting Americans from fleeting changes in public opinion.
evaluate the view that the US consitution is no longer fit for purpose - SC
it is necessary to remove the Constitution due to the increased power of the Supreme Court.
As an unelected and increasingly politicised body, the judiciary has too much power to make ‘interpretative amendments’ to the constitution through its rulings.
Recent times has seen the judiciary more politicised with appointments based on party lines opposed to merit.
The nomination of Brett Kavanagh and Neil Gursich were very partisan with all Democrats voting against them - Dobbs v Jackson
Bush v Gore - judicial activism - living constitutionalism
However, the Supreme Court has done its job of changing the meaning of the Constitution to reflect changing times. he use of the Supreme Court interpretive power has allowed the Constitution to remain up-to-date.
