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Evaluate th...
, Evaluate the view that the US constitution is democratic
FOR AGAINST
Protection of Rights Rights are not protected
• Bill of Rights, alongside the 14th amendment, gives legal protection to • Liberals suggests that the system of checks and balances del
those in the US the interests of the few, not the many- change is made extre
• religious freedom (1st amendment) , freedom from racial which means that the conservative nature of the Constitutio
discrimination (8th) economic elites hold all of the power.
• Conservatives argue that the system is fair because all groups have equal • Shelby v Holder case in the SC struck down of the 196
democratic rights to participate in the system through the right to vote, and leading to discriminatory laws that reduced minority g
the protection of rights such as freedom of speech vote in numerous states
Preserves minorities voices and provides clear mandate Electoral system is undemocratic
• enshrine federalism by using the system of the electoral college to bring • 2020 California had 55 ECV representing 39.5 million, Wyom
about greater voice for small states representing half-a-million voters. Thus California receives 1
• 2020 California had 55 ECV whilst Wyoming and Alaska had 3. people whilst Wyoming receives 1 ECV every 192,000
• Winner takes all- Elected president greater legitimacy, allowing them to • 1996, Bill Clinton won 49% of the popular vote, yet won 70%
govern more effectively.
• In 2012, Obama won 51 per cent of the popular vote, but received
332 of the 538 ECV – nearly 62 per cent.
Checks and balances Gridlock
• used to prevent such corruption by blocking any such attempts • Government is able to become ultimately ineffective and un
• President Bush requested a line-item veto power, but Congress anything. Not able to carry out their functions due to a Gridl
denied him anti democratic
• Affordable Healthcare Act- Obama won 2 elections sug
for the policy but the people elected Republicans in th
Senate who wanted to block then repeal it.
, Evaluate the view that the US constitution is outdated
FOR AGAINST
Difficult to incorporate new ideas/Remove outdated Prevents ill-thought-through amendments
• Views have changed dramatically since 1787 • Several amendment proposals can be seen as knee-jerk reaction
• E.g. Despite the change in values regarding women’s rights, the event/Supreme Court ruling.
Equal Rights amendment failed in 1982, with persistent attempts • Proposed exclusion of gay rights (federal marriage amendment)
to reintroduce the ERA in Congress making little progress.
Vagueness allows congress to stretch its powers Adaptable
• McCulloch v Maryland 1819, SC tested the necessary and proper clause • Roe v Wade case, the Court declared that a woman’s right to an
and ruled that Congress has the power to create a national bank, even within the right to privacy protected by the Fourteenth Amendm
though the right to create a bank is not explicitly stated in the • Living constitution meets the needs of individuals in modern da
Constitution
• Vagueness of the Constitution allows individual justices to apply their
own ideologies when ruling on a case.
• the 8th amendment ‘cruel and unusual’ phrase has been used by some
justices to allow the death penalty, while others say the death penalty is
unconstitutional.
Difficult to get wide support to make necessary changes. Original document Protects states and upholds federalism and US has a tradition of re
is over 200 years old-society has changed dramatically rights, and entrenchment helps to maintain this
• E.g. the use of the Electoral College was made due to fears that the • 10th amendment and the amendment process, as well as small
people would not make rational decisions equal representation in Senate and the Electoral College.
• Liberals suggests that change is made extremely difficult, which means • Proposals to undermine the power of states have failed through
that the conservative nature of the Constitution protects the economic process, such as attempts to remove the Electoral College.
elites hold all of the power.
• Shelby v Holder case in the SC struck down of the 1965 Voting
Rights Act leading to discriminatory laws that reduced minority
groups ability to vote in numerous states
, Evaluate the extent to which the procedure for amending the US Constitution is no longer fit fo
FOR AGAINST
Difficult to incorporate new ideas/Remove outdated Prevents ill-thought-through amendments
• Views have changed dramatically since 1787 • Amendment process involves several institutions and requi
• E.g. Despite the change in values regarding women’s rights, the Equal agreement
Rights amendment failed in 1982, with persistent attempts to • Several amendment proposals can be seen as knee-jerk rea
reintroduce the ERA in Congress making little progress. event/Supreme Court ruling.
• Difficult to get wide support to make necessary changes. Original document • Proposed exclusion of gay rights (federal marriage am
is over 200 years old-society has changed dramatically Federal marriage amendment passed in the early 200
• E.g. the use of the Electoral College was made due to fears that the seen as outdated today.
people would not make rational decisions
Amendment process is undemocratic protects states and upholds federalism
• Procedure goes against the concept of majoritarian democracy. • US has a tradition of respect for states’ rights, and entrench
• To block an amendment, only 13 of 50 states have to oppose Possible (even maintain this
• 10th amendment and the amendment process, as well as s
if unlikely) for the 13 smallest states to block an amendment proposal.
• Also true in Congress where some amendments (e.g., Flag Protection receiving equal representation in Senate and the Electoral C
• Proposals to undermine the power of states have failed thr
amendment) have received over 50% of the votes in both House and
Senate, but have not reached the super-majority threshold. amendment process, such as attempts to remove the Electo
• The Supreme Court has successfully upheld state rights par
entrenched nature of the Constitution.
Gives the Supreme Court excessive power Prevents abuse of power
• Entrenchment allows nine unelected judges to have the final say on key • Stops an individual from one political party changing consti
issues of institutional power and human rights. Ambiguous nature of the their own benefit.
Constitution, exacerbates this problem • Current US process requires bipartisan support – a single pa
• Cruel- seen for or against death penalty unlikely to have a two-thirds majority in each chamber of C
• Edwin Meese argues that the US has an imperial judiciary- interferes with • President George W. Bush requested a line-item veto
local issues such as Obergefell and Hodges measure that would have allowed him to veto just pa
than a whole bill. This enhanced power was not appr
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