Evaluate the view that the US constitution is outdated and in need of change?

Question 1

LoA

Answer 1

The US constitution is not outdated, it serves the purpose that it was created to do by the Founding Fathers. It is meant to make change difficult and make compromise necessary

Question 2

para 1 theme

Answer 2

amendment process and SC amendments

Question 3

para 2 theme

Answer 3

state and individual rights

Question 4

para 3 theme

Answer 4

executive limitation and dominance

Question 5

para 1 - amendment process and SC amendments

Answer 5

SC amendments - Obergefell v Hodges (2014), same sex marriage was ruled constitutional. Roe V Wade (1973) and Brown v Board of Education (1954); allows flexibility and modernity, it does so in a non-partisan way. For example, Obamacare was upheld only because the Supreme Court ruled it was a valid tax under the Constitution.
The amendment process has allowed for significant change while protecting the Constitution against frequent, and unwarranted change. For example, the amendment process allowed for the creation of an elected Senate (17th Amendment 1913)

Question 6

para 1 - however

Answer 6

• The Amendment process has prohibited necessary change. For example, given the increasing number of shootings In the USA (Sandy Hook), the 2nd amendment is arguably out of date today and in need of review. However, given partisan nature of the topic and constitutional procedures needed for amendments, it is borderline impossible to reform, showing how outdated it is.
  
  • The role of the Supreme Court grants almost entirely accountable power to nine unelected justices. For example, in striking down Obama’s executive order DAPA (Texas vs US 2016), they ignored Obama’s electoral mandate.
  • The appointment process has led to the Supreme Court being highly politicised. Roe v Wade passed through liberal court, but we are year to see if it will be upheld in a 6-3 Conservative Court this year.

Question 7

para 1 - rebuttal

Answer 7

• The amendment process was intended to be difficult, following Madisonian principle of compromise. The fact is that even despite the endless purposeful hurdles, monumental change has been facilitated as mentioned earlier (Black rights, Abortion, Gay Marriage)
  THEREFORE, CONSTITUTION IS NOT OUTDATED AND STILL FULFILLS IT’S PURPOSE

Question 8

para 2 - state and individual rights

Answer 8

• States have remained largely independent, with a wide range of laws, cultures and practices in existence across the USA. For example, the variety of state legislation regarding the death penalty and marijuana. 27 states have the death penalty (Nebraska, Oklahoma, North Carolina). When it comes to marijuana, 37 states and Washington DC have legalised it’s medicinal use whilst 18 have legalised it’s recreational use
  Citizens’ rights remain mostly protected, even when they are controversial. For example, the right to bear arms has been upheld despite recent mass shootings such as the Orland Night Club (2016) and Sandy Hook (2012).

Question 9

para 2 - however

Answer 9

• State powers diminishing. Obamacare took supremacy over state healthcare systems.
  the federal government able to ban the buckaroo gun in Montana
  
  • Gonzales v Raich (2005), the Court ruled that the federal government had the power to ban the growth of medical marijuana in states that had legalised its use under the interstate commerce clause.
    The rights of citizens in fact often conflict, linked to gun laws. The controversy over the ‘right to bear arms’ protects weapons, but not the many who lose their lives each year to gun violence.

Question 10

para 2 - rebuttal

Answer 10

created to fiercely protect citizen’s and states rights, and so if this protects some controversial rights, then so be it. The founding fathers wanted to avoid any tyranny that they had previously seen, and therefore wanted to protect rights and liberties at all costs.

Question 11

para 3 - executive limitation and dominance

Answer 11

• The executive prevented,, from amassing vast unquestioned power.
  the Supreme Court has provided a mass check against the President. Texas vs US (2016) banned Obama’s DAPA act, which was something that had bene promised in his manifesto.
  Glossip v Gross (2015), supreme court ruled that states may use a drug linked to apparently botched executions to carry out death sentences, going against the Democrat Federal Government at the time.
  Congress also acts as a limit on the executive.
  power to declare war and the power of the purse and these act on a severe limitation on the power of the President. The president must often go to Congress for help and must cooperate and compromise with Congress to be successful

Question 12

para 3 - however

Answer 12

• In practice, the executive has demonstrated wide, unchecked power. For example, Obama negotiated the Iran deal with almost no Congressional input, despite some fierce opposition, especially from the Republicans in Congress
  
  • Furthermore, despite the constitutional powers in Congress, the President can easily bypass them. The last time Congress declared war was WW2, but yet there has been Korea, Vietnam, Gulf War 1 and 2 etc…

Question 13

para 3 - rebuttal

Answer 13

• A lot of this has only been done on Congress’ allowance. Congress was the one who gave LBJ the freedom to do anything necessary during the Vietnam War. Furthermore, although the President can carry out things like the Iran Deal, as these are not constitutional changes, they can simply be replaced. If a president wants to make serious monumental change, then they will need to pass major legislation or carry out constitutional change, which makes compromise with Congress absolutely necessary
  THEREFORE, CONSTITUTION IS NOT OUTDATED AND STILL FULFILLS IT’S PURPOSE OF PROTECTING INDIVIDUAL AND STATE RIGHTS