ETVT the constitution is no longer fit for purpose Flashcards
Point 1: the vagueness of the constitution and the fact its outdated can hinder its ability to address contemporary issues
The EC due to Ar 2 often provide outcomes that do not reflect the popular vote: 2016- Clinton won by 3 million votes yet lost to trump who obtained 304 EC votes, 2000- Gore won the popular vote but since bush won by 1 ec vote he won the election.
the 2nd Amendment that was written in 1791 can be argued to be outdated due to a modern context of gun rights. There have been 426 school shootings since Columbine in 1999, showing there a clear issue with gun control and the outdated constitution has enabled this
Considering it was written in the 18th century, it fails to address modern issues leading to divisions in policies and society.
Counter point 1: The vagueness of the constution allows for modern issues to adapt through judicial interpretation
Obergfell v Hodges (2015) interpretated the 14th Amendment to legalise same sex marriage
Brown v board of education (1954) used the 14th Amenment to end racial segregations in public bathrooms.
The SC can reinterpret its provisions which ensures that it addresses the changing norms in society
Point 2: The amendment process is too rigid which can prevent necessary reforms
Over 11,000 amendments have been proposed and only 27 have been ratified including the Equal Rights Amendment bill which failed to get 3/4 of state votes
In December 2024 Senator welch and Manchin proposed a SC justice term limit which has public support but the bill has a 0.2% chance of being ratified
the requirement for 3/4 majority for the states and 2/3 for both houses makes it nearly impossible to enact meanful reforms even when they have widespread support
