essay on Us being too rigidan UK being too flexible Flashcards
is US too rigid?
no?
it is not too rigid, and even where it is specific it is beneficial for the country
Although, there should be a better codification of modern rights, but this is more of an issue with America’s political scene than with the constitution itself.
3 arguments that US constitution is too rigid
Constitution is formally outdated
Amendment process is too convoluted
Rigidiness facilitates abuses of the system.
How many mass shootings was there in the UK in 2023?
632
How many deaths was there as a result of firearms in the US compared to the UK in 2023?
Nearly 50,000 vs 20-30.
How does the rigidness of the constitution facilitate abuses of the system.
Rididly protected rights leads to constitutional corruption as seen in Citizens United v Federal Election Commtteee where 1st amendment rights were used to justify huge donations being made from corporations ot election ampaigns
Certain rights cannot be efficiently maintained, including gay rights being an informal amendment, abortion rights being able to be overturned easily and the failure to pass the ERA.
How can these 3 arguments that the US constitution is too rigid be countered?
The first two are issues with the right wing political landscape of America and the middle one is necessary for protecting the key principles of the constitution nad ensuring amendments aren’t made reactively.
What are the positives of the difficult amendment process?
Tyranny cannot happen as the principles of separation of power and checks and balances cannot occur as well as federalism.
How does the rigid nature of the constitution benefit the country?
People are aware of the different powers of the government so can hold them in check when they are breaking them
People are aware of their rights so can be aware of when they a re not being protected
What is an example of citizens being aware of their rights?
civil Rigths movement, which was able to be based on 1st amendment rights to assemble and protest and 14th amendment rights to due process and equal citizenship.
what is an example of citizens being aware of their political systems?
Watergate 1972-74 where people could call out Nixon for overstepping executive power which led to nixon resigning.
what is another way in which the US isn’t too rigid?
there is a blend of specificity and vagueness
what is an example of specificity in the US constitution?
article 1 section 8 which outlines congress’ power including that of the purse and the senate’s ability to ratify treaties. these are enumerated powers.
what is an example of vagueness in the constitution?
the final clause of article 1 section 8 which outlines that congress may make laws which are necessary and proper to the powers of congress - this is an implied power.
what is hte benefit of vagueness?
It means that the US can modernise itself based on the government and give itself more or less power
It also means that informal amendments can be made which can modernise the constitution, especially through civil rights such as the 2015 Obergfell. Hodges rulin.
what is the judgement on the UK constitution?
HTe constitution is too flexible, meaning that there is an inadequate protection of rights, unclear systems of government and corruption of parliamentary principles can occur.
