Evaluate the extent to which the process for amending the US Constitution works well. Flashcards
Introduction - Themes
- Protection of the Constitution
- Supreme Court
- Short-term Amendments
Introduction - Argument
The process for amending the Constitution is deeply flawed as it is very difficult to remove outdated principles
Works Well - Protection of the Constitution - Point
The key features of the Constitution including separation of powers, checks and balances and bipartisanship, were ideals of the Founding Fathers that were intended to be almost completely immune from amendment
Works Well - Protection of the Constitution - Examples
- President Trump described the checks and balances of the Constitution as ‘archaic’ when they frustrated his attempts to govern as he wished
- The 10th Amendment makes it clear the states hold any powers not dictated to the federal government - this enforces the core principle of federalism
Not Work Well - Protection of the Constitution - Point
The US Constitution was written in 1787, 236 years ago, the fact that little has been able to change in the American political system has caused a lot of problems
Not Work Well - Protection of the Constitution - Examples
- The 2nd Amendment from 1791 arguably gives US citizens the right to bear arms. This has meant that the US has not been able to implement any impactful gun control laws and guns are now the largest killer of American children
- The Equal Rights amendment would guarantee equal legal rights for all Americans regardless of sex. Despite passing Congress in 1972, it was not ratified by the states and this is yet to be passed
Works Well - Supreme Court - Point
The Supreme Court arguably works effectively to ensure that the amendments of the US Constitution are properly checked and adhered to by Congress and the Executive
Works Well - Supreme Court - Examples
- In the 2016 Caetano v Massachusetts case, the Supreme Court ruled unanimously in favour of Caetano saying it was within her 2nd Amendment rights to bear a stun gun for self-defence
- In the 2018 Carpenter v US case, the Supreme Court ruled that the government’s warentless collection of suspects cell phone location data violated the 4th Amendment
Not Work Well - Supreme Court - Point
The Supreme Court is an unelected institution - this allows 9 judges to scope into interpreting what is and is not constitutional. The Supreme Court can significantly and controversially alter the Constitution
Not Work Well - Supreme Court - Examples
- The 2022 Dobbs v Jackson case, overturned Roe v Wade, this made abortion illegal in 13 states and massively impacted the rights of women across the US
- In the 2008 Boumediene v Bush case, the Court ruled that Bush did not have the legal authority to try suspected terrorists held at Guantanamo Bay
Works Well - Short-Term - Point
Arguably a major advantage of the amendment process is that it is difficult, it means that amendments have to be properly thought out and have broad support across the country
Works Well - Short-Term - Examples
- The amendment process itself requires a multitude of supermajorities - first from both the House and the Senate and then from the States. This makes sure there is majoritarian support.
- Many have wanted to repeal the 2nd Amendment, however, a 2018 YouGov Poll found that only 1/5 of Americans supported this
Not Work Well - Short-Term - Point
In the era of hyper partisanship, consensus on amendments has become increasingly difficult and this has meant that very few, often necessary, amendments actually pass
Not Work Well - Short-Term - Examples
- If the Bill of Rights is discounted - there have only even been 15 amendments in 225 years
- The Balanced Budget Amendment has been proposed 134 times since 1999, evidently there is a strong belief that it is necessary, but due to the amendment process it has never been able to pass
