Assessment Of The Constitution Flashcards
Why do some people say the constitution is too weak?
Some think it is unable to address national problems
(e.g. Poverty and inequality)
It is often subject to Gridlock government
(Divided government and the need for consensus in the US political system)
The parties can be weak
(Bringing congress and the president is very difficult in the modern political climate)
What do some people think the constitution is too powerful?
OVER-INTERVENTIONIST
-too big and expensive, not what founding fathers intended
DOMINATED BY SPECIAL INTERESTS
EROSION OF STATE’S RIGHTS
-some see amendment X as forgotten
EXPANDED ROLE FOR FEDERAL COURTS
-some think the federal judiciary has abused judicial review. It has perhaps expanded its powers at the expense of the elected institutions.
How could you argue that the US constitution still works well?
It’s ADAPTABLE
-judicial review and amendment means there has been social change to a great level, women and black propel have a better protection of rights now
PROTECTS RIGHTS
- Rights culture, the SC tries to stick to bill of rights
- Even in times of crisis, e.g war on terror the court has aimed to uphold fundamental rights. For example the Hamdan v Rumsfeld ruling in 2006, although this ruling was ignored
FEDERAL SYSTEM= a good COMPROMISE
- the Philadelphia conference a balance between states rights and federal power, a compromise that seems to work
How could you argue that the US constitution doesn’t work well at all?
THE AMENDMENT PROCESS MAKES CHANGING THE CONSTITUTION ALMOST IMPOSSIBLE
-no important amendment passed for a long time and even the Equal Rights Amendment in 1972 didn’t get passed despite huge support
SCOTUS IS TOO POWERFUL
-they can be too political and as they can say what the constitution means can do anything. They are unelected and it is therefore questionable they have the power to for example legalise abortion.
CONSTITUTION IS TOO NEGATIVE
-all about blocking change. This has stopped progress in terms of civil rights and Clintons healthcare was stopped in 1993
CONSTITUTION IS OLD AND NONSENSICAL
-The founding fathers have no concept of modern life and therefore some of the contents of the constitution make little sense in the modern world. Electoral colleges and gun ownership for example.
A REDRAFT IS NEEDED?
- too much power to small states (2 senators and each state equal in amendment process)
- too vague ‘elastic clauses’ allow states rights to be trampled
- need a new version for a modern America
When was self correction shown in the US constitution?
The 18th and 21st amendments
Is the US constitution flexible or rigid?
It’s actually remarkably flexible despite the fact it’s entrenched.
It’s subject to constant reinterpretation due to judicial review. This has allowed the constitution to adapt to new challenges and demands. E.g watergate scandal, civil war 1861-65, abolition of slavery
However although the constitution is adaptable it may be seen as a barrier to progress as it’s so difficult to amend.
The use of conventions also allows adaptability.
In the U.K. There is a risk of elective dictatorship. Blairs nanny state.
Does the constitution protect against a security state?
Are civil liberties being eroded
Not really since 9/11
Patriot Act 2001
Guanatanamo Bay 2001
The Foreign Intelligence Surveillance Act (FISA) 1978and its Amendment act 2008
National Defence Authorization Act NDAA 2012 renewed 2014
Freedom Act 2015
Ideologically politicians tend to prioritise Security over liberty
What is Locke’s contract theory?
Government can only govern for as long as the people wants
