Nature Of Constitution Is Fit For Purpose Flashcards
(6 cards)
1
Q
Vagueness allows constitution to be updated without going through ridged amendment process
A
- SC interpretive amendments, common law precedent to modernise law
- Roe v wade under 14th amendment equal protection clause, public support 60%
- if process was too rigid, rights limited
- 2/3 congress and 3/4 states hard to establish
2
Q
Vagueness fails to regulate political practice
A
- undermine authority, exec orders
- expansion of powers through implied powers
- Obama DACA DAPA
- Trump release defence funds to build boarder wall with Mexico
- A2 presidency is vague
3
Q
Vagueness allows constitution to withstand test of time
A
- 27 amendments only, stable
- same document since 1789
- Can still adapt over time , obergefel v hodges 14th amendment
- 13th amendment end to slavery, equal protection clause
4
Q
SC too powerful due to vagueness
A
- justices with own ideologies, appointed by president
- trump appointment, 6-3 constructionalist bias overturned Roe
- liberal justices interpret a liberal outcome, progressive protection of rights
- detailed constitutional would not allow this
- 8th amendment “cruel and unusual” justify limits to death penalty
- “constitutional right”, right to gay marriage, although SC justices criticised for “making up rules”
5
Q
Specific nature of the constitution positive
A
- ff ensured amendment process was rigid and entrenched to avoid tyranny of the majority
- proposal and ratification process difficult to promote bipartisanship
- federal marriage amendment which was against gay rights failed in both houses as parties worked together
6
Q
Specific nature limits democracy
A
- nothing is passed esp in divided gov, polarisation
- equal rights amendment failed in the states which would have provided equal rights on the count of sex 1982
- district of Colombia voting rights amendment would have granted DC representation as of it were a state allowing it to participate in the amendment process, failed
