Interpretation and Debates Around the US Constitution and Federalism

Question 1

What arguments are there that the difficulty around amending the constitution is a strength? - Debates and Interpretations

Answer 1

The constitution may still be amended within reason to improve sustainability of the US, short term demands and aims unlikely to be achieved with the constitution, rights are effectively enshrined by the constitution and are difficult to overturn (remaining enforced and preserved by the SC).

Question 2

What arguments are there that the difficulty to amend the constitution is a weakness? - Debates and Interpretations

Answer 2

The difficulty in amending the constitution has allowed outdated and unsuitable amendments to remain, supermajorities restrict amendments from being passed, the will of the people is ignored if a majority is achieved but no supermajority, the Founding Fathers favoured constitutional amendments to adapt to changing situations.

Question 3

What % of constitutional amendments have successfully been passed and ratified? - Debates and Interpretations

Answer 3

Only 0.2% of all constitutional amendments have been passed and ratified.

Question 4

What arguments are there that the constitution’s vagueness is a strength? - Debates and Interpretations

Answer 4

The Supreme Court is able to produce interpretative amendments to ensure the relevance of the constitution in the modern day. This also means that implied powers can be used by the federal government to allow it to fulfill a complete and active role as a government rather than being limited to extremely few powers.

Question 5

What examples are there of interpretative amendments ensuring that the constitution remains relevant to the modern day? - Debates and Interpretations

Answer 5

Roe v Wade - secured the right to abortion by approving its constitutionality.
Obergefell v Hodges - secured right to same-sex marriage under the 14th Amendment.
Carpenter v United States - ruled that acquiring mobile phone data was a 4th Amendment search, requiring a warrant.

Question 6

What arguments are there that the constitution’s vagueness is a weakness? - Debates and Interpretations

Answer 6

Some more conservative groups argue that the constitution should be amended rather than manipulated through interpretative amendments, the vagueness of Article II of the constitution has allowed the President to dominate US Government (at the expense of Congress), a broader interpretation of the constitution than originally envisaged is occurring.

Question 7

What arguments are there that the constitution’s protection of rights is a strength? - Debates and Interpretations

Answer 7

The 1789 Bill of Rights sets out entrenched provisions to protect the rights of citizens and their individual freedoms. These rights also protect against excessive government control. The 15th Amendment expanded voting rights to all citizens, the Bill of Rights protects individual freedoms, interpretative amendments (Brown v Board etc) have guarded rights.

Question 8

What arguments are there that the constitution’s protection of rights is weak? - Debates and Interpretations

Answer 8

People not all equal under the constitution, with USA still fraught with racial injustice (George Floyd). Constitution doesn’t prevent death penalty, has permitted slavery, has allowed interpretative amendments to undermine rights (Shelby County v Holder offsetting protection of voting rights).

Question 9

What arguments are there that the separation of powers is a strength of the constitution? - Debates and Interpretations

Answer 9

The separation of powers has created largely independent and autonomous state governments that are free of federal interference, checks and balances prevent government tyranny, requires that bipartisan cooperation takes place across branches of government in order to legislate at times of divided government (increasing consensus and compromise).

Question 10

What arguments are there that the separation of powers is a weakness of the constitution? Debates and Interpretations

Answer 10

The federal government now has excessive control over the states, the President has excessive power over foreign policy, bipartisanship has faltered and given way to polarisation and partisanship (making it difficult to legislate), united government creates weaker scrutiny, government shutdowns have occurred when Congress and Executive have failed to agree budgets.

Question 11

What % of bills became law in the 1980s? What % of bills become law now due to partisanship? Debates and Interpretations

Answer 11

6-7% of bills became law in the 1980s, with this declining to 2-3% nowadays due to partisanship.

Question 12

How were elected bodies and elections limited in democracy by the original constitution? How has this changed over time? - Debates and Interpretations

Answer 12

The Senate used to not be elected, while the electorate was limited to white, property-owning males. Over time, this electorate has expanded (extended to all citizens), while the Senate is now also a directly elected body.

Question 13

How was state representation limited in democracy by the original constitution? How has this changed over time? - Debates and Interpretations

Answer 13

State representation initially based on a population calculation where slaves were counted as 3/5 of a person instead of as a whole individual. However, over time, slavery has been abolished and former slaves have become citizens. Voter qualifications ended.

Question 14

How was the appointment of a Senate limited by the original constitution? How has this changed over time? - Debates and Interpretations

Answer 14

The Senate was previously appointed by state legislatures rather than being directly elected, meaning that an entire legislative body was unelected and had significant influence. The 17th Amendment created the direct election of the Senate following widespread disconnection between the body and the people.

Question 15

How was the election of a President democratically limited in the original constitution? How has this changed over time? - Debates and Interpretations

Answer 15

The President was elected by an electoral college appointed by state legislatures under the original constitution, placing major power in the hands of an unelected few. This has since changed to a system where state legislatures directly elect their electoral college voters, meaning that a result more closely matches the popular vote.

Question 16

How was the drawing of congressional boundaries democratically limited in the original constitution? How has this NOT changed over time? - Debates and Interpretations

Answer 16

Individual states were allowed to draw their own congressional districts for House of Representative seats. This practice continues to this day, where parties in control of legislatures for particular parties have the power to exploit district boundaries to create an electoral advantage. Known as gerrymandering.

Question 17

What are positive and negative impacts of elections under the US constitution? - Debates and Interpretations

Answer 17

Positive - frequent elections encourage high levels of accountability, short terms and a separation of powers can produce accountability and consensus driven government.
Negative - electoral college may produce a result which goes against the popular vote result.

Question 18

What are positive and negative impacts of rights protection under the US constitution? - Debates and Interpretations

Answer 18

Positive - checks and balances ensure that no branch can create outright tyranny by exceeding powers, Supreme Court power ensures protection of rights.
Negative - Supreme Court judgements are politically charged rather than directly influenced by law. May offset rights or make it difficult for a government to carry out policy.

Question 19

What are positive and negative impacts of states’ rights under the constitution? - Debates and Interpretations

Answer 19

Positive - states are well protected and have the majority of powers reserved to them.
Negative - federal government largely dominates policy making and has been known to infringe on the rights of the states.

Question 20

What are positives and negatives of preventing government power under the constitution? - Debates and Interpretations

Answer 20

Positives - checks and balances prevent one single aspect of government from exceeding the powers of another.
Negatives - governments can find it extremely difficult to amend the constitution, preventing necessary change and failing to adapt to modern times.

Question 21

What positives and negatives are there of government effectiveness under the constitution? - Debates and Interpretations

Answer 21

Positives - constitutional vaguness allows the government to operate effectively by allowing policy decisions to adapt to modern society within the constitution’s provisions.
Negatives - loopholes may be exploited due to constitutional vagueness, with Executive orders an example of this (allowing the Exec. to dominate other branches), gridlock created by a constitution built on bipartisanship, limiting the effectiveness of policy making.