Evaluate The View That The US Constitution Is Effective In Achieving The Principles Set Out By The Founding Fathers.(30)

Question 1

Paragraph One ➡️ Federalism and Limited Government
- For: The Constitution Is Effective In Achieving The Principles Set Out By The
Founding Fathers

Answer 1

• The 10th amendment clearly protects the power of states by stating that all powers not explicitly given to the federal government are reserved for the state
• When federal gov seeks to overstep powers into constitution, the courts step in to protect state power, ensuring the role of the federal government is limited to ensure freedom.
  –(Example): 2017 - Trump issued an executive order that withheld grants from sanctuary cities.
  – This was struck down and declared unconstitutional as it was seen as an attempt by federal gov to commandeer the states to change policy when it was well within their rights to have sanctuary cities and to choose not to operate with federal immigration officials, due to state power to provide for public safety.
• Constitution remaining effective in protecting federalism can also be seen in the fact that states retain significant control policy
  –(Example): The legalisation of cannabis in some states; 38 states legalised the medical use of cannabis, 23 legalised the recreational use.
  – California legalised recreational and medical, Florida only medical, Texas neither

– (Example):

Question 2

Para 1 - Federalism & Limited Government
-Against: The Constitution Is Ineffective In Achieving The Principles Set Out By
The Founding Fathers

Answer 2

• Under recent Presidents, there have also been many developments and policies which have
  seen areas of policy shared between the states and federal government increasingly being
  driven by the federal government in order to achieve improved national provision and
  uniformity in standards.
  – (Example): No Child Left Behind Act introduced major changes to education, with the federal gov role increasing significantly to try create uniform national standards, despite education policy being traditionally controlled by the state
  – Bush mandated state test children annually with a uniform national test and provided a 20% increase in funding for the poorest schools.

– (Example): In response to BLM Protests, Trump deployed federal troops to tackle the protests, despite several states opposing it and local policing being an area traditionally controlled by the states
– this shows how recent President’s have intervened on state power in particular areas to drive through their policy aims.

Question 3

Paragraph Two ➡️ Separation of Powers and Checks and
Balances
- For: The Constitution Is Effective In Achieving The Principles Set Out By The
Founding Fathers

Answer 3

• The separation of powers is a key principle and feature of the US constitution. The Founding Fathers sought to prevent tyranny and too much power by separating the three branches of government, Congress, Presidency & Supreme Court
  –(Example): Congress makes laws, Presidents confirms/vetoes and implements laws, Judiciary enforces and interprets the law
  – Separation of personnel :
  ((Example)): When both Obama and Biden became President in 2008 & 2020, they had to step down from the Senate.
• The President has an important check on Congress’ legislative power, due to their power to veto bills passed by Congress
  –(Example): Obama vetoed 12 bills & Trump vetoed 12 bills. E.g 2020 Trump vetoed the Iran War Powers resolution, which would’ve limited the President’s authority to use military force against Iran without congressional approval. (Fulfills Founding Fathers’ intentions of limiting the power of any branch)

Question 4

Para 2 - Separation of Powers & Checks and Balances
- Against: The Constitution Is Ineffective In Achieving The Principles Set Out By
The Founding Fathers

Answer 4

• Informal: power of President - Executive orders means President can make significant changes to US policy & life without congressional approval.
  –(Example): Trump signed 220 executive orders when President, including a number of high profile ones that had big influence on US gov policy.
• Also foreign policy & executive agreements - enable Presidents to engage in international diplomacy and create binding agreements with other nations without being ratified by the Senate.
  –(Example): Obama entered 2 important international agreements without Senate ratification: The iran nuclear deal in 2015 and Paris Climate agreement in 2016
• BOTH these methods aren’t mentioned in the constitution and allow president to influence policy without needing congressional approval, this shows the separation of powers and checks and balances aren’t effective as they can be bypassed.

Question 5

Para 3 - Bipartisanship
For: The Constitution Is Effective In Achieving The Principles Set Out By The
Founding Fathers

Answer 5

• Although not mentioned in the Constitution - the separation of powers and systems of checks and balances make it inevitable that working together is necessary to get things done
• If there is a divided gov, president diff party to Congress etc. bipartisanship (cooperation rep & dem) is necessary for laws to get passed - there it’s a key principle of the constitution intended by Founding Fathers
  – (Example): Coronavirus aid, Relief and Economic Security Act, a 2.2 trillion $ law in response to Covid-19, was passed under divided government in March 2020
• Shows effectiveness of bipartisanship in forcing parties to come together and pass vital legislation in economic crises.

Question 6

Para 3 - Bipartisanship - Against
Against: The Constitution Is Ineffective In Achieving The Principles Set Out By
The Founding Fathers

Answer 6

• Bipartisanship = failure to pass key pieces of legislation, compromise in national interest
• There has been little success in passing legislation on immigration reform, gun control or climate change
  –(Example): Congress’s failure to pass the DREAM Act under Obama administration, which would have provided a pathway to citizenship for undocumented immigrants brought to the US as children.
• Despite public support to pass the legislation, it was blocked under divided government in Congress, leaving millions of ppl at risk of deportation from the only country many of them know as home.

Question 7

Overall Argument

Answer 7

In conclusion, the constitution remains largely effective in achieving the principles set out by
the Founding Fathers.
All of the principles face challenges and attempts to limited their effectiveness in the 21st
century, particularly through the federal government/certain branches seeking to increase
their power.
However, constitutional protections remain and are central in preventing these principles
being ignored.
The 10th amendment is key in giving the Supreme Court the power to protect limited
government and federalism, the power of judicial review is central in preventing either
Congress or the Presidency from overstepping their constitutional role and
bipartisanship is still able to force the parties to compromise and pass important pieces
of legislation when necessary.