eval of the nature of the constitution

Question 1

advantages that they key principles are protected by a difficult amendment process

Answer 1

difficult to amend = key principles are well protected and reactionary amendments failed to be passed
key principles include seperation of powers , checks and balances , limited gov , federalism and protection of rights
basic rights are codified in the bill of rights , which prevents legislation from threatening rights
amendments have major support across population and are necessary such as the 22nd amendment the constitution can be amended in order to evolve and respond to changed circumstances

Question 2

advantages of the rules of government and division of power between different parts of the political system are clear

Answer 2

key rules are codified = easily followed and US population is well informed about political system and rights
- division of power between branches of the political system is clear and unwritten conventions play a less significant role in the constitution than in the UK

Question 3

advantages of the constitution protects against abuses of the power within the political system

Answer 3

codification = rules of gov are clear and limitations of gov power , ensures that it is clear when the gov abuses power and that it can be held account
judiciary plays a key role in checking the power of other branches particularly congress , by striking down legislation/gov actions that breach the constitution
protects federalism and the powers of states from the federal gov and from having amendments they don’t support being forced upon them
constitution , entrenched and difficult amendment process also protects against politicians seeking to amend it for their own benefit

Question 4

advantages the judicial review allows the constitution to be flexible and evolve

Answer 4

judicial review enables the constitution to be flexible and evolve with a changing society and in response to political circumstances even if the formal amendment process allows for little change
particularly the case if one takes the ‘ living constitutionalism ‘ approach to interpreting the constitutionalism

Question 5

disadvantages , the constitution is rigid , outdated and fails to evolve as society does

Answer 5

entrenched and difficult amendment process leads to it ebbing very outdated
2nd amendment can be seen as ill designed for the 21st century and makes the US out of step with other modernised democracies
same can be said of the electoral college and many other parts if the constitution
constitution fails to change and evolve as society does , particularly in the current highly partisan environment in which agreement on anything is near impossible let alone supermajorities
this can be seen in the proposed equal rights amendments , proposed by congress with supermajorities and had major support across US pop , but just failed to reach 3/4 of states needed to amend the constitution

Question 6

disadvantage , does the constitution in fact facilitate abuses of the political system

Answer 6

the codified and rigid nature of the constitution in fact facilitates rather than prevents abuses of the political system
in citzens united v federal election commission , the first amendment was used to justify rich indviduals being able to donate huge amounts of money to political campaigns
can also be argued that the constitution doesn’t adequately protect rights , the 2nd amendment has facilitated mass loss of life in school shootings , arguably infringing on the right to life

Question 7

disadvantage , the amendment process is undemocratic

Answer 7

agreed that the very difficult amendment process makes the constitution highly undemocratic
the requirement for supermajorities allows a small majority either in congress or in the states to block amendment proposals that have majority support in congress and across the pop

Question 8

disadvantage , unelected SC judges are given far to much power

Answer 8

codified and entrenched constitution gives the unelected SC man excessive amount of power
it is the SC’s job to implement the constitution and therefore interpret it how they wish , this allows justices to make huge changes to political life and to the constitution through changing its interpretation , as seen with the changes in relation to interpretation of abortion rights in the constitution
especially problematic as the SC is politicised , therefore calling into question its ability to interpret the constitution and prevent abuses of power by implementing it