12.1b Negatives and Positives

Question 1

Positives: Simplicity

Answer 1

The simplicity of a codified constitution allows all citizens to clearly know and understand their rights.

Question 2

Positives: Vagueness

Answer 2

The vagueness of the constitution allows it to adapt to the modern world as it can be interpreted to mean different things.

Question 3

Positives: Entrenched

Answer 3

Entrenchment preserves the intentions of the founding fathers and prevents populist movements from making drastic and poorly thought through changes.

Question 4

Positives: Clarity

Answer 4

There is a clearly outlined structure of government with separation of powers between the 3 branches of government, preventing any one person or group to have too much power.

Question 5

Negatives: Difficult to amend

Answer 5

The entrenched nature of the constitution makes it difficult to amend.

Question 6

Negatives: Vagueness

Answer 6

The vagueness of the constitution leaves a lot to interpretation, the final say on which goes to the Supreme Court.

It is very hard to overturn a Supreme Court decision which arguably gives the 9 justices the ultimate say over important constitutional issues.

The fact that the US judiciary is politicised and not necessarily impartial makes this more concerning.

There is also potential for conflict due to vagueness and differing interpretations.

Question 7

Negatives: Extent of federal government unclear

Answer 7

The Elastic Clause or ‘necessary and proper’ clause in Article I of the constitution states that Congress is entitled ‘to make all laws which shall be necessary and proper for carrying into execution the foregoing powers’.

The power of the federal government has expanded since the creation of the constitution.

This has been allowed due to the vagueness of some areas of the constitution, such as the Elastic Clause, and has caused regular conflicts between the states and the federal government.