codifed nature of constitution has more adv than disadv

Question 1

paragraph 1: more advantages as entrenchment makes it difficult to amend

Answer 1

-only 27/11,000 proposed amendments have passed
-bill of rights protects key freedoms 1st amendment is free speech
- requires 2/3 of both houses 3/4 state legislatures

Question 2

paragraph 2: disadvantages as causes constitution to be outdated

Answer 2

-2nd amendment right to bear arms, modern military could overcome any uprising and caused countless killings every year
-electoral college
-1970s equal rights act failed to reach 3/4 states needed

Question 3

paragraph 3: advantages as judicial precedent allows for a more modern interpretation

Answer 3

-ROE v WADE legalised abortion by interpreting 14th amendment right to privacy
-1964 CIVIL RIGHTS ACT to end racial segregation in hotels by using comerce clause and staging it was involved in interstate commerce

Question 4

paragraph 4: disadvantages as gives too much power to supreme court

Answer 4

-DOBBS V JACKSON reinterpreted 14th amendment to remove right to abortion
-DISTRICT OF COLUMBIA V HELLER reinterpreted 2nd amendment as being for self defence rather than collective right to uprise against tyranny

Question 5

paragraph 5: advantages as codified nature makes rights easy to find and clearly lays out divisions of power

Answer 5

-AFFORDABLE CARE ACT provisions that states must expand medicaid provisions was struck down in 2012 for being an unconstitutional overreach of power

Question 6

paragraph 6: disadvantages as outdated provisions cause unfair application of the constitution

Answer 6

-CITIZENS UNITED v FEC 1st amendment used to justify wealthy individuals donating to political campaigns
-2nd amendment lead to mass loss of life in school shootings infringing right to life